Stoetzle v. Sweringen
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Ho». Horatio D. Wood, Judge. (1) In O’Brein v. Loomis, 43 Mo. App. 29, the rule is stated by Judge Thompson, p.' 40, thus: “The element of damage included in one of the instructions was ‘any loss of earnings.’ It is conceded there was. no evidence tending to show what plaintiff’s earning-capacity was. . . . The giving of this instruction was therefore error.” Culberson v. Railroad, 50 Mo.
Read the full summary
Appeal from St. Louis City Circuit Court. — Ho». Horatio D. Wood, Judge. (1) In O’Brein v. Loomis, 43 Mo. App. 29, the rule is stated by Judge Thompson, p.' 40, thus: “The element of damage included in one of the instructions was ‘any loss of earnings.’ It is conceded there was. no evidence tending to show what plaintiff’s earning-capacity was. . . . The giving of this instruction was therefore error.” Culberson v. Railroad, 50 Mo. App. 556; Smith v. Railroad, 108 Mo. 251; Winter v. Railroad, 74 Iowa. 448. (2) The instruction on the measure of damages also directed the jury to find for…
1Opinion of the CourtGoode, J.
This case was here on a former appeal and we adhere to what we said in the opinion then delivered, namely; that there was evidence to go to the jury as to whether the defendant had leased the premises, in front of which plaintiff was injured by falling into a coal-hole, to Saunders shortly before the accident, whether the cover to the coal-hole was then in reasonably good repair and whether defendant knew, or by the exercise of ordinary care might have known it was out.of repair, if in fact it was.
We think, too, the petition states a cause of action for negligence.
Only one question is…
2Cases cited4 opinions
- Mellor v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Slaughter v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1893
- Coontz v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1893
- Haworth v. Kansas City Southern Railway Co.Missouri Court of Appeals · 1902
3Cited by8 opinions
- Davidson v. St. Louis Transit Co.Supreme Court of Missouri · 1908
- Sinclair Refining Co. v. TompkinsCourt of Appeals for the Fifth Circuit · 1941
- Gamer v. WinchesterCourt of Appeals of Texas · 1937
- Grattan v. SuedmeyerMissouri Court of Appeals · 1910
- Littledike v. WoodUtah Supreme Court · 1927
3 more not listed; retrieve them via the Exa API.