Center Green, Inc. v. Boehm

6 Citing cases

  1. Godsy v. Thompson

    179 S.W.2d 44 (Mo. 1944)   Cited 29 times

    counsel of the operation upon the plaintiff's wife. (12) The court erred in giving plaintiff's Instruction I. (13) The court erred in refusing to give defendant's Instruction C, because the failure to ring the bell was not the proximate cause of the injury. (14) The court erred in refusing to give defendant's Instruction D (because the alleged failure to furnish the plaintiff a safe place to work due to the closeness of the track was not the proximate cause of the injury. (15) The court erred in refusing to give defendant's Instruction E, because the plaintiff was not an employee of the defendant and not entitled to recover under the Federal Employers' Liability Act. (16) The court erred in failing to grant the defendant a new trial because the verdict of the jury is grossly excessive. Donley v. Hamm, 98 S.W.2d 966; Nelson v. Heine Boiler Co., 323 Mo. 826, 20 S.W.2d 906; Clark v. Miss. R. B.T.R. Co., 324 Mo. 406, 23 S.W.2d 174; Brashears v. Rogers Foundry Mfg. Co., 11 S.W.2d 1060; Green v. Boehm, 66 S.W.2d 570. Crouch Crouch, James G. Kimbrell, Cowgill Popham and Sam Mandell for respondent.

  2. Bush v. Kansas City Pub. Serv. Co.

    169 S.W.2d 331 (Mo. 1943)   Cited 24 times

    Hopkins v. Highland Dairy Farms Co., 159 S.W.2d 254; Evans v. Farmers Elevator Co., 147 S.W.2d 593; Schipper v. Brashear Truck Co., 132 S.W.2d 993. (7) The verdict was excessive. Aaron v. Met. Street Ry. Co., 159 Mo. App. 307; Nelson v. Heine Boiler Co., 323 Mo. 826; Johnston v. St. Louis, 138 S.W.2d 666; Osby v. Tarlton, 336 Mo. 1240. (8) While compensation for actual damages for personal injuries occasioned in an accident are not to be lessened because of plaintiff's former condition (either ill health or bad physical condition), compensation should not be allowed for such condition existing before the accident complained of. Green v. Boehm, 66 S.W.2d 570; Schide v. Gottschick, 329 Mo. 64; Simon v. S.S. Kresge Co., 103 S.W.2d 523; Borowski v. Luce-Wiles Biscuit Co., 229 S.W. 424; Ford v. Kansas City, 181 Mo. 137; Berry v. Kansas City Public Serv. Co., 341 Mo. 658. E.E. Thompson, Alfred H. Osborne, Ben Mossel and Thompson Osborne for respondent.

  3. Bentley v. Oldetyme Distillers, Inc.

    298 N.W. 417 (N.D. 1941)   Cited 2 times

    Excessive verdicts should not be allowed to stand. Hawkins v. Interurban R. Co. 184 Iowa 232, 168 N.W. 234; Godbey v. Grinnell Electric Heating Co. 190 Iowa 1068, 181 N.W. 498; Nagy v. Manziano, 153 A. 106; Joynes v. Toye Bros. Auto. Taxi Cab Co. 199 So. 446; Green v. Boehm, 66 S.W.2d 570; Ziegler v. Ford Motor Co. 67 N.D. 286, 272 N.W. 743. Simpson, Mackoff Kellogg, for respondent.

  4. Yerger v. Smith

    89 S.W.2d 66 (Mo. 1935)   Cited 47 times

    The amount of the verdict for such injuries and disability cannot be upheld. Jenkins v. Mo. State Life Ins. Co., 69 S.W.2d 666; Grange v. Ry. Co., 69 S.W.2d 955; Green v. Boehm, 66 S.W.2d 570; Mahmet v. Am. Radiator Co., 294 S.W. 1014; Rose v. Ry. Co., 289 S.W. 913; Parks v. United Rys. Co., 235 S.W. 1067; Hulse v. Ry. Co., 214 S.W. 150. Wilbur C. Schwartz, J. Edward Gragg and Morton K. Lange for Reis-Moran Lumber Company and Paul Reis.

  5. Scheer v. Elam Sand & Gravel Corp.

    177 A.D.3d 1290 (N.Y. App. Div. 2019)   Cited 12 times

    "Although a lease may constitute documentary evidence for purposes of CPLR 3211(a)(1)," we conclude that the termination clause in the lease submitted by defendant in support of its motion failed to "utterly refute ... plaintiff's allegations or conclusively establish a defense as a matter of law" ( Lots 4 Less Stores, Inc. v. Integrated Props., Inc., 152 A.D.3d 1181, 1182–1183, 59 N.Y.S.3d 628 [4th Dept. 2017] [internal quotation marks omitted] ). Although a party has an absolute right to terminate a contract pursuant to an unconditional termination clause (seeBig Apple Car v. City of New York, 204 A.D.2d 109, 111, 611 N.Y.S.2d 533 [1st Dept. 1994] ; see alsoCenter Green v. Boehm, 247 A.D.2d 869, 869, 668 N.Y.S.2d 521 [4th Dept. 1998] ), the termination clause here was conditional inasmuch as defendant had the discretion to terminate the lease only if it made a determination prior to termination that there were insufficient minerals for it to make a profit. Because the lease contemplated an exercise of discretion, the implied covenant of good faith and fair dealing included a promise to exercise that discretion in good faith, not arbitrarily (seeDalton v. Educational Testing Serv., 87 N.Y.2d 384, 389, 639 N.Y.S.2d 977, 663 N.E.2d 289 [1995] ; 1–10 Indus. Assoc. v. Trim Corp. of Am., 297 A.D.2d 630, 631–632, 747 N.Y.S.2d 29 [2d Dept. 2002] ).

  6. J.D.'s Tire & Battery Center, Inc. v. Automobile Club of New York, Inc.

    255 A.D.2d 361 (N.Y. App. Div. 1998)   Cited 1 times

    Ordered that the order is reversed insofar as appealed from, on the law, with costs, those branches of the appellant's motion which were to dismiss the first, second, third, fourth, fifth, and tenth causes of action in the complaint are granted, and those causes of action are dismissed insofar as asserted against the appellant. The agreement between the parties was duly terminated by the appellant pursuant to a provision therein allowing for termination upon 30 days notice by either party ( see, Shi-Young Moon v. Southside Hosp., 248 A.D.2d 523; Center Green v. Boehm, 247 A.D.2d 869; Big Apple Car v. City of New York, 204 A.D.2d 109). In addition, the Supreme Court erred in applying the exception to the parol evidence rule for the partial performance of an oral modification ( see, Anostario v. Vicinanzo, 59 N.Y.2d 662; Burns v. McCormick, 233 N.Y. 230, 232; Cooper v. Schube, 86 A.D.2d 62, affd 57 N.Y.2d 1016).