Herman v. St. Louis Railroad
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Leroy B. Valliant, Judge. The court erred in giving plaintiff’s instructions numbered 1, 2 and 3 respectively. * * * The court erred in giving plaintiff’s instruction number 4, in this, that it allowed her to recover for loss of “future services” when there was no claim made in that regard in the petition, and no evidence at'all, as to that matter. * * * The court erred in striking out from plaintiff’s instruction number…
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Appeal from the St. Louis City Circuit Court. — Hon. Leroy B. Valliant, Judge. The court erred in giving plaintiff’s instructions numbered 1, 2 and 3 respectively. * * * The court erred in giving plaintiff’s instruction number 4, in this, that it allowed her to recover for loss of “future services” when there was no claim made in that regard in the petition, and no evidence at'all, as to that matter. * * * The court erred in striking out from plaintiff’s instruction number 2, as offered, that portion thereof as follows: “Said Matilda S. Herman signaled the conductor to stop at the further or…
1Opinion of the CourtBland, J.
Matilda Herman is the wife of plaintiff, Charles Herman. The suit is for injuries received by *379Matilda Herman on account of the alleged negligence of the servants and agents of the defendant. The answer admits that defendant is a corporation, and that plaintiff was a passenger on its street railroad train at the time alleged in the petition; denies other allegations, and pleads contributory negligence, which was denied by a reply. The admitted facts are, that on July 10, 1896, Matilda Herman was a passenger on the defendant’s street railroad train on Broadway, in the city of St. Louis; that…
2Cases cited6 opinions
- Johnson—Brinkman Commission Co. v. Central BankSupreme Court of Missouri · 1893
- Harper v. MorseSupreme Court of Missouri · 1893
- Waller v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1894
- Columbia Planing Mill Co. v. American Fire InsuranceMissouri Court of Appeals · 1894
- Drennon v. DalincourtMissouri Court of Appeals · 1894
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Marshall v. TaylorMissouri Court of Appeals · 1913