Legal Opinion

Field v. Metropolitan Street Railway Co.

Missouri Court of Appeals

Decided May 29, 1911Published

Appeal from Jackson Circuit Court.—Hon. James H. Blover, Judge. Instruction No. 4, given by plaintiff’s request, was erroneous in that it allowed the jury to consider the expense of physicians, and nurses, and medicines, although there was no evidence of any such items of expense. Duke v. Railroad, 99 Mo., 347; Culberston v. Railroad, 50 Mo. App 556; Waldofel v. Transit Co., 102 Mo.

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Appeal from Jackson Circuit Court.—Hon. James H. Blover, Judge. Instruction No. 4, given by plaintiff’s request, was erroneous in that it allowed the jury to consider the expense of physicians, and nurses, and medicines, although there was no evidence of any such items of expense. Duke v. Railroad, 99 Mo., 347; Culberston v. Railroad, 50 Mo. App 556; Waldofel v. Transit Co., 102 Mo. App. 524; Gibler v. Terminal Railroad Assn., 203 Mo. 208; Nixon v. Railroad, 141 Mo. 440. 2. It was error to admit in evidence over the objection of defendant, copies of the payroll of the United States Express…

1Opinion of the CourtJohnson, J.

A street car operated by defendant on Troost avenue in Kansas City overtook and collided with a buggy in which plaintiff was riding as a guest of the driver and plaintiff was thrown to the pavement and injured. She brought this action to recover damages on the ground that the injuries she 'sustained were caused by negligence in operating the car. The cause is here on the appeal of defendant from a judgment of $650 recovered by plaintiff in the circuit court.

Only two points are presented by defendant for our consideration, viz., that the instruction on the measure of damages given at the…

2Cases cited6 opinions

  1. Duke v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1889
  2. Nixon v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1897
  3. Nelson v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1905
  4. Gibler v. Terminal RailroadSupreme Court of Missouri · 1907
  5. Culberson v. Chicago, Milwaukee & St. Paul Railway Co.Missouri Court of Appeals · 1892

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