McDowell v. Schuette
Missouri Court of Appeals
610 S.W.2d 29 (1980)
David and Donna McDowell (plaintiffs) sued to recover the full amount owed for building the Schuettes' (defendants) house. The Schuettes filed a counterclaim alleging the house's construction was defective. At trial, expert witnesses disagreed as to the alleged defects. The judge arranged for the jurors to be driven to the house by van so they could better evaluate the conflicting testimony. The judge instructed the jurors not to discuss the house during the jury view, either among themselves or with the van's driver. The judge prohibited the court reporter and the parties' lawyers from accompanying the jurors. After the jury returned a verdict for the McDowells, the Schuettes' lawyer learned the McDowells owned the van and it was driven by one of their employees. The lawyer characterized this as an impropriety, but presented no evidence that the jurors discussed the house with the driver or knew who owned the van. The judge denied the lawyer's motion for a new trial and the Schuettes appealed to the Missouri Court of Appeals. The Schuettes argued the jury view constituted evidence that the court reporter could not record and to which the lawyers could not object.
Rule of Law
Holding and Reasoning (Stewart, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 174,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.