O'Neill v. Kansas City
Supreme Court of Missouri
Appeal from Lafayette Circuit Court. — Row. Samuel Davis, Judge. (1) Plaintiff’s hypothetical question asked the medical expert was not based upon the evidence, and the court erred in allowing it to be answered. Turner v. Har, 114 Mo. 345; Zinn v. Railroad, 109 Mo. 142; Smith v. Railroad, 119 Mo. 246; Russ v. Railroad, 112 Mo. 45; Smart v. Kansas City, 91 Mo. App. 586; Mammersburg v. Railroad, 62 Mo.
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Appeal from Lafayette Circuit Court. — Row. Samuel Davis, Judge. (1) Plaintiff’s hypothetical question asked the medical expert was not based upon the evidence, and the court erred in allowing it to be answered. Turner v. Har, 114 Mo. 345; Zinn v. Railroad, 109 Mo. 142; Smith v. Railroad, 119 Mo. 246; Russ v. Railroad, 112 Mo. 45; Smart v. Kansas City, 91 Mo. App. 586; Mammersburg v. Railroad, 62 Mo. App. 563. (2) The verdict of the jury is so excessive as to show passion and prejudice. Chitty v. Railroad, 166 Mo. 435; Nichols v. Glass Co., 141 Mo. 55; Burdict v. Railroad, 123 Mo. 236; Chitty…
1Opinion of the CourtValliant, J.
Plaintiff recovered a judgment for $7,500 against the defendant city as damages for personal injuries sustained by her in consequence of the defective condition of a wooden cross-walk in one of the public streets.
The plaintiff’s evidence tended to prove as follows: The earth had washed away from the cross-walk on both sides to a depth of about three feet. The boards of which the walk was constructed had become loose and the stringers on which the boards were laid were rotten. The cross-walk had been in this condition two or three months. The plaintiff in company with another woman was…
2Cases cited1 opinion
- Stearns v. . FieldNew York Court of Appeals · 1882
3Cited by16 opinions
- Glasgow v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1905
- Block v. United States Fidelity & Guaranty Co.Supreme Court of Missouri · 1926
- Elsea v. SmithSupreme Court of Missouri · 1918
- St. Louis S. F. Ry. Co. v. RichardsSupreme Court of Oklahoma · 1909
- Kidd v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1925
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