McDonald v. Metropolitan Street Railway Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. James H. Blover, Judge. It has been held repeatedly in this state that where the petition alleges separately the amount of damages sustained on several elements or items of damage, the instruction on measure of damages should limit the amount of recovery upon each item to the amount alleged in the petition on such item.
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Appeal from Jackson Circuit Court. — Hon. James H. Blover, Judge. It has been held repeatedly in this state that where the petition alleges separately the amount of damages sustained on several elements or items of damage, the instruction on measure of damages should limit the amount of recovery upon each item to the amount alleged in the petition on such item. Radtke v. Basket & Box Co., 229 Mo. 1; Heinze v. Railways Co., 122 ' S. W. 346; Tinkle v. Railroad, 212 Mo. 471; Smoot v. Kansas City, 194 Mo. 522; Shinn v. Railways Co., 146 Mo. App. 718. Inasmuch as the case of Shinn v. United…
1Opinion of the CourtEllison, J.
Plaintiff was run upon by one of defendant’s streets cars, and suffered injury for which she instituted this action. She recovered judgment in the circuit court for six thousand dollars.
Plaintiff’s ease is placed under what is known as the humanitarian rule. The evidence tended to show that defendant’s railway consisted of a double track and that at the place where she was hurt there was a cinder pathway between the two tracks, commonly used by pedestrians. That plaintiff was walking along in the east track, with her back to the approaching car, while a companion was in the pathway, and had…
2Cases cited6 opinions
- Tinkle v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1908
- Smoot v. Kansas CitySupreme Court of Missouri · 1906
- Briscoe v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1909
- Radtke v. St. Louis Basket & Box Co.Supreme Court of Missouri · 1910
- Dent v. Springfield Traction Co.Missouri Court of Appeals · 1910
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Campbell v. City of ChillicotheMissouri Court of Appeals · 1914