Reseña de Carl Daly v. Robert Schaefer

Carl Daly v. Robert Schaefer de St. Louis District Missouri Court of Appeals Resumen del Libro

Appellant brought an action against respondent for property damage and personal injuries which appellant alleges resulted
from the negligence of respondent in the operation of his automobile. The prayer of appellant's petition asked for total damages
in the sum of $15,000. We shall refer to the parties as they were designated in the trial court. The verdict and judgment
was in favor of defendant and plaintiff appeals. The amount in dispute under the pleadings would vest jurisdiction in the Supreme Court. However, we are not restricted to
the pleadings in determining our jurisdiction and we may look to the record for such determination. Counsel for plaintiff
in his argument before the jury in the trial court told the jury he thought the sum of $6000 would be a fair and proper sum
for property damage and personal injuries sustained by plaintiff as a result of the collision. Under plaintiff's trial theory
on the issue of damages jurisdiction of the appeal is in this court. Beasley v. Athens, 365 Mo. 158, 277 S.W.2d 538; Mitchell
v. Southwestern Bell Telephone Company, Mo. App., 298 S.W.2d 520.

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