Reports of Cases Determined By the Supreme Court of the State of ..., volume 275

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Reports of Cases Determined By the Supreme Court of the State of ..., volume 275
Missouri. Supreme Court
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Horton, 233 U.
S. 499, 58 Law Ed. 1068, L. R. A. 1915C 1, Ann. Cases, 1915B 475; Chicago Ry. Co. v. Devine, 239 U. S. 52, 60 Law Ed. 40; Vicksburg Ry. Co. v. Putman, 118 U. S. 545, 30 Law Ed. 257).
No limitation is placed by the statute on the amount that may be recovered, except that of the damages actually sustained. [Chicago Ry. Co. v. Devine, supra; Devine v. Chicago, Etc., 266 111. 248; Thornbro v. Kan.
Railroad Co., 91 Kan. 684, Ann. Cas. 1915D 314; Nash V. Minneapolis Ry. Co., 131 Minn.
...166; Grybowski v.
Eric Railroad Co., 95 Atl. (N. J.) 764.] There cannot be, on account of the difference in the facts, any hard- and-fast rule for the measurement of the damages. A similarity in the awards in cases of like injuries may serve as a general guide, but it furnishes no exact rule by which the damages may be estimated in a given case. [St. Louis Railroad Co. v. Craft, 115 Ark. 483, 171 S. W. 1185, affd. 35 Sup. Ct. R. 704.] The most reliable rule for the guidance of an appellate court in determining whether a verdict is excessive, is that, if sustained by substantial evidence, it will not be dis- turbed, unless the, amount is such as to shock the judicial conscience, or there are indications that the jury was swayed by passion, prejudice, or in some way un- duly influenced.


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