Heinz v. United Railways Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Moses N. Sale, Judge. Plaintiff’s second instruction is erroneous, because it does not limit plaintiff’s recovery for tbe items of damage, medical attention and loss of earnings to the respective amounts demanded therefor in his petition. Smoot v. Kansas City, 194 Mo. 522; Tirkle v. Railroad, 212 Mo. 445. The instruction was correct both in form and as to substance. Lindsay v. Kansas City, 195 Mo. 167; Tardy w.
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Appeal from St. Louis City Circuit Court. — Hon. Moses N. Sale, Judge. Plaintiff’s second instruction is erroneous, because it does not limit plaintiff’s recovery for tbe items of damage, medical attention and loss of earnings to the respective amounts demanded therefor in his petition. Smoot v. Kansas City, 194 Mo. 522; Tirkle v. Railroad, 212 Mo. 445. The instruction was correct both in form and as to substance. Lindsay v. Kansas City, 195 Mo. 167; Tardy w. Transit Co., 178 Mo. 240; Stafford v. Adams, 113 M'o. App. 717; Chenoweth v. Southerland, 129 Mo. App. 431; Stotler v. Railroad, 200…
1Opinion of the CourtGoode, J.
This plaintiff was hurt December 5, 1907, in a fall from one of defendant’s trolley cars. The exact point where the accident occurred is in dispute, but it was somewhere about the intersection of Hickory street and Jefferson avenue, in the city of St. Louis. Jefferson avenue is a north and south thoroughfare and Hickory street an east and west one. Where the two streets intersect there is a jog- in Hickory, its intersection with the east line of Jefferson avenue being some fifty feet south of where it opens into Jefferson on the west side of the latter thoroughfare. Plaintiff lived on *40west…
2Cases cited3 opinions
- Tinkle v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1908
- Smoot v. Kansas CitySupreme Court of Missouri · 1906
- Tandy v. St. Louis Transit Co.Supreme Court of Missouri · 1903
3Cited by14 opinions
- Kleinlein v. FoskinSupreme Court of Missouri · 1929
- Missouri, O. & G. Ry. Co. v. CollinsSupreme Court of Oklahoma · 1915
- Radtke v. St. Louis Basket & Box Co.Supreme Court of Missouri · 1910
- Finley v. United Railways Co.Supreme Court of Missouri · 1911
- Blyston-Spencer v. United Railways Co.Missouri Court of Appeals · 1910
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