Grout v. Central Electric Railroad
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — No». W. O. Thomas, Judge. (1) The trial court erred in including clause numbered “second” in plaintiff’s sixth instruction, for the reason that there was no evidence of “the impairment to plaintiff’s earning capacity.” Boyce v. Railroad, 120 Mo. App. 168; Mammerherg v. Railroad, 62 Mo. App, 563; Stoetzele v. Swearingen, 96 Mo. App. 592; Harwarth v. Railroad', 94 Mo.
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Appeal from Jackson Circuit Court. — No». W. O. Thomas, Judge. (1) The trial court erred in including clause numbered “second” in plaintiff’s sixth instruction, for the reason that there was no evidence of “the impairment to plaintiff’s earning capacity.” Boyce v. Railroad, 120 Mo. App. 168; Mammerherg v. Railroad, 62 Mo. App, 563; Stoetzele v. Swearingen, 96 Mo. App. 592; Harwarth v. Railroad', 94 Mo. App. 215; 0 ’Brien v. Loomis, 43 Mr. App. 29’; Davidson v. Transit Co., 211 Mo. 320. (2) Under the facts in this case instruction number one for plaintiff was misleading and erroneous. Nellis…
1Opinion of the CourtJohnson, J.
Plaintiff, injured in' a collision between a wagon in which he was riding and a street car operated by defendant, claims in his petition that *332Ms injuries were caused by negligence of defendant in tlie operation of the car. The case was before us on a former appeal of defendant from a judgment of one thousand dollars, recovered by plaintiff, and we reversed the judgment and remanded the cause for a new trial (125 Mo. App. 552). We held that the evidence of plaintiff disclosed1 that negligence of his own contributed to place Mm in the way of the street car, that the evidence would support no…
2Cases cited4 opinions
- Davidson v. St. Louis Transit Co.Supreme Court of Missouri · 1908
- Grout v. Central Electric Railway Co.Missouri Court of Appeals · 1907
- Ingles v. Metropolitan Railway Co.Missouri Court of Appeals · 1910
- Welland v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1910
3Cited by3 opinions
- Murphy v. St. Louis Public Service Co.Supreme Court of Missouri · 1951
- Grout v. Central Electric Railway Co.Missouri Court of Appeals · 1913
- Leffert v. SumnerSupreme Court of Missouri · 1974