Evans v. City of Joplin
Missouri Court of Appeals
Appeal from the Jasper Circuit Court. — Hon. J. D. Perkins, Judge. (1) There was serious and reversible error in instructing the jury for respondent that she could recover damages for medical services where there was no evidence of their value. Rhodes v. Nevada, 47 Mo. App. 499; Smith v. R. R., 108 Mo. 243; Madden v. R. R., 50 Mo. App. 666; Kick v. Doerste, 45 Mo. App. 134; Bogges v. R’y, 118 Mo. 308; Minister v. R’y, 53 Mo.
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Appeal from the Jasper Circuit Court. — Hon. J. D. Perkins, Judge. (1) There was serious and reversible error in instructing the jury for respondent that she could recover damages for medical services where there was no evidence of their value. Rhodes v. Nevada, 47 Mo. App. 499; Smith v. R. R., 108 Mo. 243; Madden v. R. R., 50 Mo. App. 666; Kick v. Doerste, 45 Mo. App. 134; Bogges v. R’y, 118 Mo. 308; Minister v. R’y, 53 Mo. App. 276. (2) Respondent’s instruction on the measure of damages is erroneous in every particular, not only in allowing medicines and medical attendance* but in assuming…
1Opinion of the CourtEllison, J.
This action is for personal injuries received by plaintiff on and near one of defendant’s streets, by falling into a mining shaft which had been sunk near the street line, the banks or walls of which had fallen in to such extent as to take a part of the street itself. The judgment was for plaintiff.
The court, among other instructions, gave the following for plaintiff: “The court instructs the jury that if they find for the plaintiff they will find such an amount as to compensate her for the injuries sustained and in estimating her damages, take into consideration not only her age and…
2Cases cited4 opinions
- Smith v. Chicago & Alton RailroadSupreme Court of Missouri · 1891
- Duke v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1889
- Rhodes v. City of NevadaMissouri Court of Appeals · 1892
- Downend v. Kansas CityMissouri Court of Appeals · 1897