Gorham v. St. Louis, Iron Mountain & Southern Railway Co.
Gorham v. St. Louis, Iron Mountain & Southern Railway Co.
Opinion of the Court
This plaintiff, who was a locomotive fireman in the employ of the defendant company, was injured in a collision. He sued for damages and obtained a verdict for $300. Judgment was entered ac cordingly and plaintiff appealed.
The contention is that a retrial should be ordered on account of the inadequacy of the verdict. There was conflict in the testimony as to the extent of the injury' plaintiff received in the accident. Two or three doctors testified in behalf of the plaintiff that his skull was fractured and the fingers of his right hand partially paralyzed as the result of the injury, besides temporary impairment of one eye. Several doctors testified in behalf of the defendant that the plaintiff only received a severe scalp wound by which the skull was exposed, but not fractured, and that he was not at all paralyzed. It is conceded by the plaintiff’s counsel that as the jury had the right to believe the testimony for the defendant, this appeal must be disposed of by determining from that testimony whether or not the verdict was so grossly unjust that it ought to be set aside. It is contended in behalf of the defendant that the plaintiff feigned paralysis of the fingers of his right hand, and if the testimony in its behalf is true, that inference would be fair. The physician who gave plaintiff first assistance imme
In Dowd v. Air Brake Co., 132 Mo. 579, 34 S. W. 493, it appeared that the plaintiff therein, at the time he was hurt, was 25 years old. While engaged in making an excavation under the orders of the defendant company’s foreman, the earth caved in and an embankment fell on him and injured his spine, arm' and 1 eg. The injury to his leg was a compound fracture and the limb was stiff at the time of the trial. He was awarded one hundred dollars. The only ground insisted on for a reversal of the judgment was the inadequacy of the verdict, which was said to have resulted from bias, prejudice and passion on the part of the jury. The Supreme Court said a small verdict had been given, but
The verdict which the Supreme Court allowed to stand was more open to doubt than is the present verdict. It is a very delicate matter for an appellate tribunal to reverse the ruling of the trial court and the verdict of the jury in instances of this kind; because many impressions regarding the extent of the injuries and the loss may be gleaned on the trial, which cannot be known from the record. We consider it palpable that we have no right to interfere in this instance in view of the decision of the Supreme Court in the case above cited; which, indeed, is according to the law prevalent in other States.
The judgment is, therefore, affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.