Bell v. United Railways Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court.—Hon. Charles Claflin Atlen, Judge. (1) The court erred in giving plaintiff’s instruction number 2, on tbe measure of damages—Because said instruction, and particularly the following, “bis loss of time, bis bodily and mental suffering, bis expenses incurred in and about attempting to cure himself, tbe extent of bis injuries,” assume as facts matters that were disputed in evidence and should have been properly hypothesized so that the…
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Appeal from St. Louis City Circuit Court.—Hon. Charles Claflin Atlen, Judge. (1) The court erred in giving plaintiff’s instruction number 2, on tbe measure of damages—Because said instruction, and particularly the following, “bis loss of time, bis bodily and mental suffering, bis expenses incurred in and about attempting to cure himself, tbe extent of bis injuries,” assume as facts matters that were disputed in evidence and should have been properly hypothesized so that the jury could pass upon them. Fullerton v. Fordyce, 121 Mo'. T; Davidson v. Transit Co., 211 Mo. 357; Freeman v. Railroad,…
1Opinion of the CourtNortoni, J.
This is a suit for damages accrued to plaintiff through the alleged negligence of defendant. Plaintiff recovered and defendant prosecutes the appeal.
Plaintiff, a passenger on one of defendant’s street cars, while alighting therefrom was precipitated into the street, and thus received his injuries. The evidence for plaintiff tends to prove that he had notified the conductor of his destination, and, upon the car stopping there, went to the rear platform to disembark. While in the act of alighting from the car, the conductor caused it to start forward with great force, so as to occasion the…
2Cases cited7 opinions
- Shinn v. United Railways Co.Supreme Court of Missouri · 1913
- State ex rel. United Railways Co. v. ReynoldsSupreme Court of Missouri · 1914
- Fullerton v. FordyceSupreme Court of Missouri · 1894
- King v. City of St. LouisSupreme Court of Missouri · 1913
- Maxwell v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1884
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Laycock v. United Railways Co.Supreme Court of Missouri · 1921
- O'Hara v. Lamb Construction Co.Missouri Court of Appeals · 1918