Crow v. Missouri Implement Tractor Co., 45329
Decision Date | 12 July 1956 |
Docket Number | No. 45329,No. 1,45329,1 |
Citation | 292 S.W.2d 573 |
Parties | W. C. CROW (Employee), Appellant, v. MISSOURI IMPLEMENT TRACTOR COMPANY and Hardware Mutual Casualty Company (Employer and Insurer), Respondents |
Court | Missouri Supreme Court |
Joslyn & Joslyn, L. D. Joslyn, T. B. Russell, Charleston, for appellant.
Hyde & Purcell, George R. Wilhoit, Jr., Poplar Bluff, for respondents.
VAN OSDOL, Commissioner.
This is a Workmen's Compensation case. The appeal is by the employee from the judgment of the Circuit Court affirming an award of the Industrial Commission, Division of Workmen's Compensation, in favor of the employer and insurer. The claim for compensation was instituted by W. C. Crow, employee of the Missouri Implement Tractor Company of Charleston. The employer was a dealer in farming implements; and employee was foreman of employer's shop. Employee suffered a coronary occlusion while assisting in adjusting a farm implement for employer in employer's shop.
The Commission, in making its final award denying compensation, found
Appellant has stated that this court has appellate jurisdiction of this case on the ground of the 'amount in dispute'. Art. V, Sec. 3, Const. V.A.M.S. Respondents, employer and insurer, have not questioned appellant's jurisdictional statement; however, since this court's appellate jurisdiction is not general, but specifically limited by out Constitution, it is our duty to determine in each case whether this court has jurisdiction of the appeal, although this court's jurisdiction has not been questioned. In this case, if this court does have appellate jurisdiction it is because of the amount in dispute; but this court is not warranted in assuming jurisdiction simply because the amount in dispute might fortuitously or by mere chance exceed $7,500. It has been written that we are on firmer ground 'in holding, as we do, that the appellate jurisdiction of this court, on the ground of the amount in dispute, attaches when, and only when, the record of the trial court affirmatively shows that there is involved in the controversy, independent of all contingencies, an amount exceeding $7,500, exclusive of costs.' Stuart v. Stuart, 320 Mo. 486, 8 S.W.2d 613, 614; Hardt v. City Ice & Fuel Co., 340 Mo. 721, 102 S.W.2d 592; Scannell v. Fulton Iron Works Co., Mo.Sup., 289 S.W.2d 122, and cases therein cited.
It will be seen that if the award of Commission in favor of employer and insurer were reversed and an award were made in favor of employee in the weekly amount of $35 for 300 weeks, and for medical aid in the total sum of $804.45, as well as for $16.25 per week after the 300-week period...
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...it cannot be said with certainty that the amount in dispute, independent of all contingencies, exceeds that sum. Crow v. Missouri Implement Tractor Company, Mo., 292 S.W.2d 573; Hogue v. Wurdack, Mo., 292 S.W.2d The accident, out of which this claim arises (hereinafter referred to as the 19......
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Crow v. Missouri Implement Tractor Co.
...affirmed. An appeal was granted to this court but for lack of jurisdiction, the case was transferred to the Springfield Court of Appeals, 292 S.W.2d 573. That court affirmed the judgment of the circuit court, 301 S.W.2d 423. On application of the claimant, the case was transferred to this c......
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...case because our jurisdiction is limited and not general. Article V, Section 3, Mo.Const. 1945, V.A.M.S.; Crow v. Missouri Implement Tractor Co., Mo., 292 S.W.2d 573, 574[1, 2]. The provisions of Article V, Section 3, supra, make it certain that if this court has jurisdiction of this case i......
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