Cobb v. American Car & Foundry Co.
| Decision Date | 03 February 1925 |
| Docket Number | No. 18842.,18842. |
| Citation | 270 S.W. 398 |
| Parties | COBB v. AMERICAN CAR & FOUNDRY Co. |
| Court | Missouri Court of Appeals |
Appeal from St. Louis Circuit Court; Frank Landwehr, Judge.
"Not to be officially published."
Action by Alvoh Cobb against the American Car & Foundry Company. From grant of new trial on plaintiff's refusal to enter remittitur on verdict in his favor, he appeals. Reversed and remanded, with directions to enter judgment on verdict.
William H. Douglass and N. Murry Edwards, both of St. Louis, for appellant.
Watts & Gentry, of St. Louis, for respondent.
Plaintiff obtained a verdict and judgment for $3,000 against the defendant in a personal injury case. The trial court, in passing upon the defendant's motion for a new trial, ordered a remittitur of $1,000 or that otherwise the motion for a new trial would be sustained on the ground that the verdict was excessive. Plaintiff refused to enter the required remittitur, and defendant's motion for new trial was sustained, whereupon plaintiff in due course appeals.
The sole question brought here for review is whether or not the learned trial judge abused his discretion in granting a new trial on the ground that the verdict was excessive. There is no controversy but that the sight of plaintiff's left eye is but 25 per cent. of normal, or, in other words, that the plaintiff has lost 75 per cent. of the sight thereof. The record discloses, however, a sharp conflict in the testimony adduced on behalf of the plaintiff and that adduced on behalf of the defendant as to the cause of the loss of sight. Plaintiff and his experts testified to facts tending to show that plaintiff's loss of sight is the result of an injury to his eye received in defendant's plant, while the experts of the defendant testified to facts tending to show that whatever loss of sight plaintiff suffered was due to trachoma, a disease which plaintiff had been afflicted with long prior to the time that plaintiff was hurt in defendant's plant.
Under this record, then, the real question in issue was whether the loss of sight in plaintiff's left eye was entirely due to the injury alleged to have been sustained at defendant's plant, or whether the loss of sight was entirely due to trachoma, a disease which plaintiff admitted he has been suffering with for years. In light of the sharp conflict in the testimony on this question, the issue was peculiarly one for the jury, and they determined it in plaintiff's favor. Having done so, we can but rule that the verdict of $3,000 for the loss of 75 per cent. of the vision of an eye of a man 29 years of age, in good health and with good sight up to the time of the alleged accident, is not excessive.
The trial court...
To continue reading
Request your trial
-
Tucker v. Kollias
... ... 301, 118 Mo.App. 506; Herod v. St ... Louis-San Francisco Ry. Co., 299 S.W. 74; Cobb v ... American Car & Foundry Co., 270 S.W. 398. (b) The ... plaintiff was not conclusively bound ... ...
-
Mack Motor Truck Corp. v. Wolfe
...271 S.W. 43; State ex rel. American Car & Foundry Co. v. Daues, 313 Mo. 681, 282 S.W. 389, quashing certiorari, Cobb v. American Car & Foundry Co., Mo.App., 270 S.W. 398; State ex rel. Hoyt v. Shain, 338 Mo. 1208, 93 S.W.2d 992, quashing opinion in part in Lampton Realty Co. v. Hoyt, 80 S.W......
-
State v. Daues
...Judges of the St. Louis Court of Appeals, to quash their opinion in the case of Cobb v. American Car & Foundry Co., which can be found in 270 S. W. 398. Writ Watts & Gentry and Arnot L. Sheppard, all of St. Louis (G. A. Orth, of New York City, of counsel), for relator. N. Murray Edwards and......
- Forest Green Farmers Elevator Co. v. Davis