[Download] "Catherine Kirst v. Clarkson Construction" by Supreme Court of Nebraska # Book PDF Kindle ePub Free
eBook details
- Title: Catherine Kirst v. Clarkson Construction
- Author : Supreme Court of Nebraska
- Release Date : January 12, 1965
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 76 KB
Description
Plaintiff, Catherine Kirst, sued defendant, Clarkson Construction Company, for damage to a frame house in West Plains, Missouri, alleged to have been caused on April 26, 1963, by blasting on a nearby highway construction project. At the Conclusion of the trial on March 5, 1965, the jury returned a unanimous verdict finding the issues in favor of plaintiff and assessing her damages at $1,150. Defendant filed no after-trial motion, but plaintiff filed a timely motion for new trial which was sustained [V.A.M.R. Rule 78.01] by the following order specifying three grounds (numbered by us to facilitate easy reference thereto): "Motion for new trial granted and for the reason the court believes [1] it erred in permitting defendant to prove the value of real estate in question in the year of 1947, [2] that it erred in permitting the evidence as to amount paid to plaintiff for real estate by the Missouri State Highway Department and [3] that because of the aforesaid, that the plaintiff was prejudiced when defendants attorney asked that jury be permitted to view the real estate before said jury." The order granting a new trial having deprived defendant of its attained position in the litigation and of its right to conclude the suit and forever terminate its liability upon plaintiffs cause of action by paying the judgment and costs, defendant is an "aggrieved" party [V.A.M.S. § 512.020] and may maintain this appeal. Adair County v. Urban, 364 Mo. 746, 268 S.W.2d 801, 804-805(4); Quinn v. St. Louis Public Service Co., Mo., 318 S.W.2d 316, 321(6).