Dierman v. Bemis Bros. Bag Co.

Citation129 S.W. 229,144 Mo. App. 474
PartiesDIERMAN v. BEMIS BROS. BAG CO.
Decision Date06 June 1910
CourtCourt of Appeal of Missouri (US)

Appeal from St. Louis Circuit Court; James E. Withrow, Judge.

Action by Annie Dierman against the Bemis Bros. Bag Company. From a judgment for plaintiff, defendant appeals. Affirmed.

Seddon & Holland, for appellant. A. R. Taylor, for respondent.

GRAY, J.

The plaintiff, an employé, sued defendant in the circuit court of the city of St. Louis, for damages, on account of personal injuries alleged to have been sustained through defective appliances furnished by the defendant for her to work with, and in a trial before a jury she recovered $1,000. Both parties moved for a new trial. The plaintiff, on the ground of the inadequacy of the verdict, and the defendant, on the ground of failure of proof to impeach the release set forth in the answer. The court first sustained both motions, and set aside the verdict and granted a new trial, but afterwards set aside that order and sustained the motion of the plaintiff and granted her a new trial, and at the same time overruled defendant's motion, and defendant appealed. In the answer, defendant set forth a written contract, by the terms of which, for a valuable consideration, the plaintiff released the claim sued on. The reply alleged that the release was procured through fraud.

Section 806, Rev. St. 1899 (Ann. St. 1906, p. 769), reads: "Any party to a suit aggrieved by any judgment in any civil cause, may take his appeal to a court having appellate jurisdiction from any order granting a new trial," etc.

The appellant assigns two reasons for disturbing the judgment of the circuit court. It is...

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