Cox v. Frank L. Schaab Stove & Furniture Co., 22793.
| Citation | 67 S.W.2d 790 |
| Decision Date | 06 February 1934 |
| Docket Number | No. 22793.,22793. |
| Court | Missouri Court of Appeals |
| Parties | COX v. FRANK L. SCHAAB STOVE & FURNITURE CO. et al. |
Appeal from St. Louis Circuit Court; Erwin G. Ossing, Judge.
"Not to be published in State Reports."
Suit by James M. Cox against the Frank L. Schaab Stove & Furniture Company, the City of St. Louis, and another. After a verdict for plaintiff, each defendant filed a motion for new trial. A judgment was subsequently entered for plaintiff, after which city's motion for new trial was granted, and motions of other two defendants were denied, and the first named defendant appeals.
Transferred from Supreme Court, 58 S.W. (2d) 700.
Appeal dismissed.
Ely & Ely, of St. Louis, for appellant.
Strubinger & Strubinger and Frank Coffman, all of St. Louis, for respondent.
BENNICK, Commissioner.
This is an action for damages for personal injuries. The defendants were three in number — Frank L. Schaab Stove & Furniture Company, the appellant herein; the city of St. Louis; and Gustave Geraci. Defendants were charged jointly and severally with acts of negligence which caused or contributed to cause plaintiff's injuries; and each defendant answered separately by a general denial. There was no concerted defense, each defendant being represented by attorneys of its or his own selection.
Tried to a jury, a verdict was returned in favor of plaintiff, and against all the defendants, in the sum of $4,500. Judgment was thereupon entered in conformity with the verdict, following which each defendant filed a separate motion for a new trial. That of defendant city of St. Louis was sustained by the court, but those of defendants Geraci and Frank L. Schaab Stove & Furniture Company were overruled.
Thereupon two appeals were taken to the Supreme Court — that of plaintiff from the order sustaining the motion of defendant city of St. Louis for a new trial; and that of defendant Frank L. Schaab Stove & Furniture Company from the judgment. Defendant Geraci took no appeal. Plaintiff's appeal was dismissed by him in the Supreme Court, but the appeal of defendant Frank L. Schaab Stove & Furniture Company was perfected, and the case submitted to the Supreme Court. That court found that it had no jurisdiction, the amount of the judgment attempted to be appealed from being only $4,500, and there being no other live question in the case to confer jurisdiction upon it; and consequently ordered the case to be transferred here. Cox v. Frank L. Schaab...
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