McGowan v. St. Louis Ore & Steel Co.
Supreme Court of Missouri
Appeal from -8t. Louis City Circtdt Court. — Hon. James A. Seddon, Judge. (1) The damages awarded by the jury were excessive, and not warranted by the evidence. 2 Sedgwick on Damages, p. 541, note 8; Parsons v.. Railroad, 94 Mo. 286, 300. (2) The subject of damages was not properly placed before the jury.
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Appeal from -8t. Louis City Circtdt Court. — Hon. James A. Seddon, Judge. (1) The damages awarded by the jury were excessive, and not warranted by the evidence. 2 Sedgwick on Damages, p. 541, note 8; Parsons v.. Railroad, 94 Mo. 286, 300. (2) The subject of damages was not properly placed before the jury. Railroad v. Weldon, 52 111. 290; 3 Sutherland on Damages,, p. 282. (3) The instruction on the subject of damages, given to the jury at the plaintiffs’ request, was erroneous, insufficient and misleading and ignored important elements which, under the statute in such cases, should have been…
1Opinion of the CourtGantt, J.
This is an action by respondents in the circuit court of the city of St. Louis to recover damages on account of the death of their father, Michael McGowan, on the tenth of December, 1883, by falling down an elevator chute on the premises of appellant, the St. Louis Ore & Steel Company, under sections 4426 and 4427.
The petition is as follows :
“Plaintiffs state that they are infants under the age of twenty-one, and that John G. Gay, Jr,, was on February 7, 1884, duly appointed by above circuit court as the next friend of the said plaintiffs to institute this suit on their behalf, and for a…
2Cases cited19 opinions
- Railroad Co. v. BarronSupreme Court of the United States · 1867
- Parsons v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Tilley v. . the H.R.R.R. Co.New York Court of Appeals · 1864
- Donaldson v. Mississippi & Missouri RailroadSupreme Court of Iowa · 1865
- Morgan v. DurfeeSupreme Court of Missouri · 1879
14 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Haehl v. Wabash RailroadSupreme Court of Missouri · 1893
- O'Mellia v. Kansas CitySupreme Court of Missouri · 1893
- State v. TaylorSupreme Court of Missouri · 1893
- Minter v. Bradstreet Co.Supreme Court of Missouri · 1903
- Barth v. Kansas City Elevated Railway Co.Supreme Court of Missouri · 1898
33 more not listed; retrieve them via the Exa API.