49 Mo. App. 366 | Mo. Ct. App. | 1892
This case was here on a former' occasion, and is reported in 44 Mo. App. 665, where there will be found a statement of all the facts which are necessary to a proper understanding of the questions arising on the present appeal. When the case was here before, the judgment, which was for plaintiff, was reversed and the cause remanded. It appears there has been a second trial wherein the plaintiff has been successful. The defendant again appeals.
I. The first ground of the defendant’s appeal is that the trial court erred in permitting the plaintiff to introduce city ordinance number 40147. The defendant’s objection to the introduction of this ordinance was that it was “ incompetent, irrelevant and immaterial.” These objections are too general. There was no specification, as there should have been, of the particular ground on which the ordinance was inadmissible under such general objections. So general an objection cannot be made the basis of an exception. In the light of Clark v. Loan Co., 46 Mo. App. 248, and the cases there cited, it would be seen that there was no objection, which we can notice, interposed. And besides this the motion for a new trial does not make such a reference therein to the objectionable evidence as to require any notice of it by us. The defendant’s first ground of appeal must, therefore, be ruled against it.
II. The defendant further complains of the action of the trial court in giving the second instruction for
The plaintiff ;s first instruction informed the jury in effect that before they could find for plaintiff they must further find that he was guilty of no negligence directly contributing to his injury. The two instructions taken together, we think, were unexceptionable, and furnished a proper guide for the jury when they retired to consider their verdict.
III. The defendant makes the further contention that the counsel for plaintiff in his closing argument before the jury exceeded the limits of legitimate argument. Whether this contention is well founded or not we are unable to determine, since the abstract nowhere sets forth the words employed by counsel to which objection is made. The rule is well settled, that where
IY. The defendant’s final contention is that the verdict is excessive, but as the abstract contains no evidence whatever as to the value of the property, or as to extent of the damages resulting from the injuries, there is nothing relating to the contention before us which we can review. We must assume in favor of the verdict and the action of the trial court, that there was evidence to support the verdict. Pembroke v. Railroad, 30 Mo. App. 62; Houseman v. Hope, 20 Mo. App. 193. It follows that the judgment must be affirmed.