Leahy v. Davis

Missouri Court of Appeals

Leahy v. Davis

49 Mo. App. 519, 1892 Mo. App. LEXIS 256

DecidedMay 3, 1892

StatusPublished

This text of 49 Mo. App. 519 (Leahy v. Davis) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Leahy v. Davis, 49 Mo. App. 519, 1892 Mo. App. LEXIS 256 (Mo. Ct. App. 1892).

Pincite

Opinion

Biggs, J.

In this action the plaintiffs claim that the death of their minor child was - brought about by the negligence of the defendants. Damages were claimed in the sum.of $5,000. There was a trial and judgment for the plaintiffs for $175. The plaintiffs have appealed, and complain that under the evidence the verdict and judgment are grossly inadequate.

[520]*520We are of the opinion that we have no jurisdiction of this appeal. Prima facie,- the jurisdiction is with the supreme court, and, as the evidence does not show conclusively that the amount of damages in any event must he within the jurisdiction of this court, the cause will have to be transferred to the supreme court. .The order of transfer will, therefore, be made.

All the judges concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Biggs, J.

In this action the plaintiffs claim that the death of their minor child was - brought about by the negligence of the defendants. Damages were claimed in the sum.of $5,000. There was a trial and judgment for the plaintiffs for $175. The plaintiffs have appealed, and complain that under the evidence the verdict and judgment are grossly inadequate.

[520]*520We are of the opinion that we have no jurisdiction of this appeal. Prima facie,- the jurisdiction is with the supreme court, and, as the evidence does not show conclusively that the amount of damages in any event must he within the jurisdiction of this court, the cause will have to be transferred to the supreme court. .The order of transfer will, therefore, be made.

All the judges concur.

Cite This Page — Counsel Stack

Bluebook (online)

49 Mo. App. 519, 1892 Mo. App. LEXIS 256, Counsel Stack Legal Research, https://law.counselstack.com/opinion/leahy-v-davis-moctapp-1892.