Stein v. Baskowitz
| Citation | 157 S.W.2d 807 |
| Decision Date | 06 January 1942 |
| Docket Number | No. 25930.,25930. |
| Parties | STEIN v. BASKOWITZ et al. |
| Court | Court of Appeal of Missouri (US) |
Appeal from Circuit Court, City of St. Louis; Edward M. Ruddy, Judge.
"Not to be reported in State Reports."
Action by Isadore Stein against Robert Baskowitz, doing business as Robert Baskowitz Company, and another for personal injuries. The jury returned a verdict for plaintiff for $2,000, and from an order sustaining plaintiff's motion for a new trial on ground of inadequacy of the verdict, defendants appeal.
Case transferred to the Supreme Court.
Jones, Hocker, Gladney & Grand and Web A. Welker, all of St. Louis, for appellants.
Burnett, Stern & Liberman, of St. Louis, for respondent.
BENNICK, Commissioner.
This is an appeal by defendants from an order sustaining plaintiff's motion for a new trial upon the ground of the inadequacy of a verdict for $2,000 which the jury had returned in plaintiff's favor.
The action is one for damages for personal injuries sustained by plaintiff, Isadore Stein, in the overturning of an automobile in which he was riding en route from St. Louis, Missouri, to Toledo, Ohio, on business for his employer, one Robert Baskowitz, a local bottle dealer engaged in the purchase and sale of both new and used beer and beverage bottles in various parts of the country.
The defendants are Baskowitz and one Frank Jones, an employee of Baskowitz, who was driving the automobile at the time of the occurrence of the accident.
The question of where appellate jurisdiction lies obtrudes itself at the very outset of the case.
Plaintiff's action was for damages in the sum of $35,000. While it is true that the verdict was for only $2,000, the effect of the court's order sustaining plaintiff's motion for a new trial was to reinstate his claim for the full amount of $35,000 as a pending cause of action. In other words, this appeal by defendants will determine the question of plaintiff's right to have a new trial of the whole amount claimed in his petition, in view of which it follows that jurisdiction over the appeal is properly vested in the Supreme Court. Sofian v. Douglas, 324 Mo. 258, 23 S.W.2d 126; Craton v. Huntzinger, Mo.Sup., 187 S.W. 48; Ford v. K. Jones Motor Co., Mo.App., 115 S.W.2d 3.
The Commissioner accordingly recommends that the case be transferred to the Supreme Court.
The foregoing opinion of BENNICK, C., is adopted as the opinion of the court.
The case is accordingly transferred to the Supreme...
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...jurisdiction was determined by the prayer of the petition. Mosley v. St. Louis Public Service Co., Mo., 301 S.W.2d 797; Stein v. Baskowitz, Mo.App., 157 S.W.2d 807; Harris v. Rowden, Mo., 305 S.W.2d 25; Harmon v. Foster, Mo.App., 297 S.W.2d 783; Hoefel v. Hammel, Mo.App., 228 S.W.2d 402. Th......
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...for in the petition. Ford v. K. Jones Motor Co., Mo.App., 115 S.W.2d 3; Sofian v. Douglas, 324 Mo. 258, 23 S.W.2d 126; Stein v. Baskowitz, Mo.App., 157 S.W.2d 807; Craton v. Huntzinger, Mo.Sup., 187 S.W. In the instant case the amount of damages sought in the petition was $15,000. Plaintiff......
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