Moore v. Southwest Missouri Electric Railway Co.
Missouri Court of Appeals
Appeal-from Jasper Circuit Court. — -Ho». J. ID. Perkins, Judge. (1) The court erred in overruling defendant’s objection to plaintiff’s testifying as to amount paid Rags-dale, the nurse. Because, the petition does not allege any payment of any specific amount, and it being a special consequential damage must be alleged before it can be proven.
Read the full summary
Appeal-from Jasper Circuit Court. — -Ho». J. ID. Perkins, Judge. (1) The court erred in overruling defendant’s objection to plaintiff’s testifying as to amount paid Rags-dale, the nurse. Because, the petition does not allege any payment of any specific amount, and it being a special consequential damage must be alleged before it can be proven. O’Leary v. Rowan, 31 Mo. 117; Sedgwick on Measure of Damages (8 Ed.), secs. 1261, 1270. (2) The defendant was not required to check speed until he saw that plaintiff was in imminent danger. The evidence is beyond question that the motorman rang his bell…
1Opinion of the CourtEllison, J.
The defendant is a street car company operating an electric street railway in the city of Carthage. Plaintiff suffered personal injuries through a collision of one of the cars with his buggy in which he was driving along the street. The judgment in the trial court was for the plaintiff.
Plaintiff was driving along the street in the daytime, going ahead of the ear and in the same direction. He was driving so close to the track that the car could not pass without striking his buggy and it did strike it at the hind wheel with sufficient force to tilt it up and turn the plaintiff out. There was…
2Cases cited5 opinions
- Sawyer v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1866
- Gurley v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
- Culbertson v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1897
- Sharp v. Kansas City Cable Railway Co.Supreme Court of Missouri · 1893
- Smith v. Chicago & Alton RailroadSupreme Court of Missouri · 1893
3Cited by4 opinions
- Hagan v. Gibson Mining Co.Missouri Court of Appeals · 1908
- Haas v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1907
- Union Biscuit Co. v. St. Louis Transit Co.Missouri Court of Appeals · 1904
- Hyman v. St. Louis Transit Co.Missouri Court of Appeals · 1904