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49 Mo. App. 519

Leahy v. Davis

Missouri Court of Appeals

Decided May 3, 1892

Missouri Court of Appeals · decided 1892-05-03

<p>Jurisdiction of Appeals: amount involved. When the judgment in an notion for $5,000 as damages (in this cause the action was for the death of a minor child) is only for $175, and the evidence does not show conclusively that the amount of the damages in any event must he within the jurisdiction of this court, the supreme court has jurisdiction of an appeal hy the plaintiff.</p>

Transferred to the supreme court · Decided 1892-05-03

Biggs, J.

¶1In this action the plaintiffs claim that the death of their minor child was - brought about by the negligence of the defendants. Damages were claimed in the sum.of $5,000. There was a trial and judgment for the plaintiffs for $175. The plaintiffs have appealed, and complain that under the evidence the verdict and judgment are grossly inadequate.

¶2*520We are of the opinion that we have no jurisdiction of this appeal. Prima facie,- the jurisdiction is with the supreme court, and, as the evidence does not show conclusively that the amount of damages in any event must he within the jurisdiction of this court, the cause will have to be transferred to the supreme court. .The order of transfer will, therefore, be made.

All the judges concur.
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