Cullar v. Missouri, Kansas & Texas Railway Co.
Missouri Court of Appeals
Appeal from the Jackson Circuit Court.—Hon. James Gibson, Judge. (1) The court erred in admitting, over defendant’s objection, evidence concerning the sufferings of plaintiff’s wife. (Rec., pp. 16, 32 and 33.) The wife’s suffering was compensated for in her suit, and had nothing to do with the husband’s case. All he was entitled to recover was what he had expended, and compensation for his loss of that which he was entitled to.
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Appeal from the Jackson Circuit Court.—Hon. James Gibson, Judge. (1) The court erred in admitting, over defendant’s objection, evidence concerning the sufferings of plaintiff’s wife. (Rec., pp. 16, 32 and 33.) The wife’s suffering was compensated for in her suit, and had nothing to do with the husband’s case. All he was entitled to recover was what he had expended, and compensation for his loss of that which he was entitled to. If she didn’t suffer at all, he was entitled to full compensation, and he was entitled to no more, if she suffered intensely. Thompson v. Railroad, 135 Mo. 217; Hooper…
1Opinion of the CourtEllison, J.
This action is for the loss of the service and the society of plaintiff’s wife who was injured in getting off of one of defendant’s cars at a station called Harwood. The plaintiff recovered.
This case was submitted with one brought by the wife for injuries in the same accident and decided by us at this term. Much of what we said in that case as to the accident and its cause, and of the conduct of the trial with the court’s ruling on the instructions, is applicable to this ease and we refer to that case for a fuller understanding of this.
The measure of damages in the two cases is different. In…
2Cases cited7 opinions
- H.M. Filer v. . New York Central R.R. Co.New York Court of Appeals · 1872
- Brooks v. . SchwerinNew York Court of Appeals · 1873
- Hamilton v. Great Falls Street Railway Co.Montana Supreme Court · 1895
- Blaechinska v. Howard Mission & Home for Little WanderersNew York Court of Appeals · 1892
- Harmon v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1896
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3Cited by6 opinions
- Cannon v. S. S. Kresge Co.Missouri Court of Appeals · 1938
- Reeves v. LutzMissouri Court of Appeals · 1913
- Take v. OrthMissouri Court of Appeals · 1965
- Kirkpatrick v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1908
- Eisiminger v. StantonMissouri Court of Appeals · 1908
1 more not listed; retrieve them via the Exa API.