Hurst v. Chicago, Burlington & Quincy Railroad
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — Hon. Thomas B. Alim, Judge. (1) Plaintiff’s instruction on the measure of damages' was erroneous in that it permitted the jury to take into consideration “all the facts and circumstances detailed in evidence” in determining the measure of recovery.
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Appeal from Buchanan Circuit Court. — Hon. Thomas B. Alim, Judge. (1) Plaintiff’s instruction on the measure of damages' was erroneous in that it permitted the jury to take into consideration “all the facts and circumstances detailed in evidence” in determining the measure of recovery. The jury was instructed that in assessing the damages they should take into consideration certain proper elements, to wit, physical injuries, mental and physical pain and, in addition thereto, “all the facts and circumstances detailed in evidence.” Such a roving commission was improper, misleading and…
1Opinion of the CourtWilliamson, J.
This is a suit in damages for personal injuries. The petition is in the usual form. The answer is a general denial. The verdict is for the plaintiff in the sum of twenty thousand dollars. Defendant’s motion for a new trial was overruled, but plaintiff was required to enter a rmiittitur in the sum of five thousand dollars, which he did, and judgment was rendered for the sum of fifteen thousand dollars. From this judgment defendant appeáls. The facts are as follows:
The plaintiff was in the employ of the defendant company as a conductor on a freight train. While so employed, the plaintiff…
2Cases cited14 opinions
- Hollenbeck v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1897
- Partello v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1909
- Kinney v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1914
- Harmon v. DonohoeSupreme Court of Missouri · 1899
- Miller v. HarpsterSupreme Court of Missouri · 1918
9 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Brunk v. Hamilton-Brown Shoe Co.Supreme Court of Missouri · 1933
- Birmingham Electric Co. v. HowardSupreme Court of Alabama · 1948
- Rojas v. Maldonado SierraSupreme Court of Puerto Rico · 1948
- Keyes v. Chicago, Burlington & Quincy RailroadSupreme Court of Missouri · 1930
- Bryant Ex Rel. Bryant v. Kansas City Railways Co.Supreme Court of Missouri · 1921
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