Legal Opinion

Paquin v. St. Louis & Suburban Railway Co.

Missouri Court of Appeals

Decided October 21, 1901PublishedCited by 7 opinions

Appeal from St. Louis City Circuit Court. — Hon. John A. Talty, Judge. STATEMENT OF THE CASE. The petition, aside from formal allegations, avers, in substance, that on the twentieth day of October, 1899, plaintiff boarded a car of defendant at Wash street and Jefferson avenue, in the city of St. Louis; that he continued to ride on said car as far as Pendleton avenue; that when said car reached Pendleton avenue it stopped, and that while it was standing at said place another…

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Appeal from St. Louis City Circuit Court. — Hon. John A. Talty, Judge. STATEMENT OF THE CASE. The petition, aside from formal allegations, avers, in substance, that on the twentieth day of October, 1899, plaintiff boarded a car of defendant at Wash street and Jefferson avenue, in the city of St. Louis; that he continued to ride on said car as far as Pendleton avenue; that when said car reached Pendleton avenue it stopped, and that while it was standing at said place another car of defendant approached from the rear and ran into said ear; that plaintiff’s attention was directed to said…

1Opinion of the CourtBland, P. J.

On the trial defendant objected to evidence of the amount plaintiff had paid out to others to attend to his business on the following grounds:

“We object to that question as incompetent, irrelevant and immaterial, because the petition is a general claim for damages without any separation as to amounts that may or may not have-been paid out for the employing of doctors to take his place.”

The objection was overruled and an exception saved. The-allegations of damages found in the petition are as follows: “That by reason of the injuries received, as above set forth, and the results which followed…

2Cases cited5 opinions

  1. Masterton v. . Village of Mount VernonNew York Court of Appeals · 1874
  2. Cargile v. WoodSupreme Court of Missouri · 1876
  3. Sweeney v. Kansas City Cable Railway Co.Supreme Court of Missouri · 1899
  4. Pope v. Kansas City Cable Railway Co.Supreme Court of Missouri · 1889
  5. Jennings v. SparkmanMissouri Court of Appeals · 1892

3Cited by7 opinions

  1. Hale v. AtkinsMissouri Court of Appeals · 1923
  2. Wellmeyer v. St. Louis Transit Co.Supreme Court of Missouri · 1906
  3. Wallace v. St. Louis Transit Co.Missouri Court of Appeals · 1907
  4. State ex rel. Lawrence v. CraigSupreme Court of Missouri · 1959
  5. Kirkpatrick v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1912

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