96 Mo. App. 625 | Mo. Ct. App. | 1902
As will be seen from the account set forth in the statement, the action is one in assumpsit for the reasonable value of services rendered by respondent in caring for seven flats and three storerooms in the city of St. Louis, belonging to the R. C. Greer & Sons Realty Company, for about two years, the character of her work being such as is commonly done by janitors. She testified the president of the appellant company told her she should take charge of the flats and stores, and that her duties were to rent them or see that they were rented, put up signs, clean out the cellars, cellarways and yards, look after repairs and dp whatever similar tasks needed to be done .about the premises, and also collect rents from the tenants. She further testified that she performed those duties and described the
Much testimony was given by other witnesses in corroboration' of hers.
The theory of the defense was that Mrs. Meyers, who occupied one of the storerooms as a tenant of appellant, was getting along poorly in her business and at her request appellant reduced the rent she was to pay from twelve dollars to seven dollars per month and out of sympathy hired her to do tasks occasionally about the buildings, but had paid her in full for everything she did; and there was testimony for the jury in support of this defense.
No doubt can arise as to the propriety of the court’s action in submitting the cause to the jury.
That portion of the first instruction which told the jury what circumstances they should, consider in appraising respondent’s damages in case they found for her, is erroneous, because it fixed the amount of damages to be awarded at whatever sum would be a fair and reasonable compensation for. the plaintiff’s ■services in the judgment of the jury,' taking into consideration the nature of the services rendered and the time consumed and all the facts and circumstances connected therewith, instead of all the evidence bearing oh
None of the testimony was expert, but even that sort of testimony must be weighed by a jury, and it is error to instruct them to the contrary, although they are not bound by it if it seems unreasonable. Kansas City v. Hill, 80 Mo. 523; Hull v. St. Louis, 138 Mo. 618.
The error in the instruction in respect to the mode of ascertaining plaintiff’s damages likely escaped attention in the hurry of the trial, as such errors are apt todn small cases, but we are forced to reverse the judgment and remand the cause to be retried on account of it. It is so ordered.