Linstroth v. Peper
Missouri Court of Appeals
Appeal from the Circuit Court of the City of St. Louis. —Mon. Kent K. Koerner, judge. (1) Where no claim is made for punitive damages, in an action for wrongful death it is error to refer to the pencuniary condition or relative position of defendant in the community. Cyc. 211-212; 13 Cyc. 360; 17 C. J. 1365; Clark v. Fairley, 30 Mo. App. 335, 339-40; Berryman v. Cox, 73 Mo.
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Appeal from the Circuit Court of the City of St. Louis. —Mon. Kent K. Koerner, judge. (1) Where no claim is made for punitive damages, in an action for wrongful death it is error to refer to the pencuniary condition or relative position of defendant in the community. Cyc. 211-212; 13 Cyc. 360; 17 C. J. 1365; Clark v. Fairley, 30 Mo. App. 335, 339-40; Berryman v. Cox, 73 Mo. App. 67, 70-72; Morgan v. Durfee, 67 Mo. 469. And the court erred in refussing to sustain appellant’s motion to discharge the jury when her financial condition was referred to on voir dire. (2) It was error to permit…
1Opinion of the CourtReynolds, P.J.
Plaintiffs, husband and wife, parents of a son who was killed when of the age of about seven years, bring this action for $10,000 damages.
The petition is in the usual form, averring the relationship of plaintiffs to the boy; that defendant was the owner of a motor car propelled by gasoline, and that the boy, son of the plaintiffs, on or about April 20, 1913, while crossing Newstead Avenue at a point between Labadie and E-lmbank Avenues, was struck, knocked down and run over and killed by the automobile, and at the time of the accident so carelessly and negligently operated by defendant…
Also in this document: Concurrence.
2Cases cited7 opinions
- Lieber v. LieberSupreme Court of Missouri · 1911
- Mahaney v. St. Louis & Hannibal RailroadSupreme Court of Missouri · 1891
- Rajnowski v. Detroit, Bay City & Alpena RailroadMichigan Supreme Court · 1889
- Saller v. Friedman Bros. Shoe Co.Missouri Court of Appeals · 1907
- Boten ex rel. Boten v. Sheffield Ice Co.Missouri Court of Appeals · 1914
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3Cited by2 opinions
- Littell v. Bi-State Transit Development AgencyMissouri Court of Appeals · 1967
- Brown v. BryanSupreme Court of Missouri · 1967