Lammering v. Gerhardt
| Decision Date | 31 December 1926 |
| Docket Number | 25491 |
| Citation | 289 S.W. 338 |
| Parties | LAMMERING v. GERHARDT |
| Court | Missouri Supreme Court |
George F. Heege and Joseph A. Falzone, both of Clayton, for appellant.
Geers & Geers, of St. Louis, for respondent.
This is a suit for personal injuries. The plaintiff was riding in a Ford sedan owned and driven by his brother, which collided with a motor truck owned by defendant. The automobile in which plaintiff was riding was being driven south on a public highway in St. Louis county, known as Hall's Ferry road. The truck, headed south, had been stopped and stood upon the east portion of the highway. The time was at about nightfall, and the negligence alleged was that the truck showed no lights, and was not drawn as near as practicable to the right side of the road. The sedan ran into the truck, and the plaintiff was thrown through its windshield, and sustained the injuries for which he sues. There was a verdict and judgment for defendant, and plaintiff was allowed an appeal to this court. Neither party has questioned our appellate jurisdiction, but it is plain that the amount in dispute, exclusive of costs, does not exceed the sum of $ 7,500.
The petition asked judgment for the sum of $ 5,000. No constitutional question was raised upon the trial, and no such question is even hinted at in the briefs, nor is there involved any other question conferring jurisdiction upon this court. The errors assigned relate solely to the form of the instructions given for defendant. Appellate jurisdiction cannot be exercised when not authorized by law and because of mere acquiescence of the parties; and when, as here, it is obvious that this court is without jurisdiction of the appeal, it must be so ruled. Bealmer v. Hartford Fire Insurance Co., 281 Mo. loc. cit. 501, 220 S.W. 954; State of Oklahoma v. National City Bank (Mo. Sup.) 267 S.W. 118; Harlan v. Railway, 231 Mo. 621, 133 S.W. 26.
Since, by virtue of the provisions of section 2418, R. S. 1919, the appellate jurisdiction of this cause is vested in the St. Louis Court of Appeals, the cause must be transferred to that court for its determination.
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