Legal Opinion

Loker v. Southwestern Missouri Electric Railway Co.

Missouri Court of Appeals

Decided May 5, 1902PublishedCited by 3 opinions

Appeal from Jasper Circuit Court. — Hon. J. D. Perkins, Judge. (1) The court erred in excluding the evidence of Dr. J. R. Ereed, as to the character and extent of plaintiff’s injuries. Plaintiff having voluntarily offered herself as a witness, testified fully as to the character and extent of her injuries and the treatment received from the various physicians. She waived the right to object to Dr. Ereed testifying. Cramer v. Hurt, 154 Mo. 120; Lane v. Boieourt, 25 Am.

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Appeal from Jasper Circuit Court. — Hon. J. D. Perkins, Judge. (1) The court erred in excluding the evidence of Dr. J. R. Ereed, as to the character and extent of plaintiff’s injuries. Plaintiff having voluntarily offered herself as a witness, testified fully as to the character and extent of her injuries and the treatment received from the various physicians. She waived the right to object to Dr. Ereed testifying. Cramer v. Hurt, 154 Mo. 120; Lane v. Boieourt, 25 Am. St. 442; Webb v. Railway, 89 Mo. App. 604. (2) The amount of the verdict in this ease is excessive and unreasonable, and a…

1Opinion of the CourtBroaddus, J.

The plaintiff sued to recover for personal injuries received while a passenger on one of defendant’s cars. The defendant operates an electric railway in the city of Carthage, Missouri. The car on which she was a passenger was wrecked, it is admitted, by the negligence of defendant’s motorman, who was operating the car at the time of the accident. And it is further admitted that the plaintiff was injured by reason of said accident, but it is claimed that such injuries were slight, and that the verdict is excessive, and the result of bias and prejudice on the part of the jury. There is only one…

2Cases cited4 opinions

  1. Jackson v. HardinSupreme Court of Missouri · 1884
  2. Aull Savings Bank v. Aull's AdministratorSupreme Court of Missouri · 1883
  3. Porter v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1879
  4. Baker v. City of IndependenceMissouri Court of Appeals · 1902

3Cited by3 opinions

  1. Burch v. Southern Pacific Co.Nevada Supreme Court · 1909
  2. Callan v. PeckSupreme Court of Rhode Island · 1914
  3. Parker v. HollandMissouri Court of Appeals · 1906

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