Smith v. City of St. Joseph
Supreme Court of Missouri
flppeal from Buchanan Circuit Court. I. Compensation for plaintiff’s services in waiting upon his wife should have been claimed in the first suit. Plaintiff cannot split his cause of action. II. The law gives no such damages. III. The petition makes no claim therefor. (Sedg. Meas. Dam., 682, n. 1; 52 Me., 378; 2 Greenl., 284; 25 111., 86.) I. The damages in the two cases are entirely different.
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flppeal from Buchanan Circuit Court. I. Compensation for plaintiff’s services in waiting upon his wife should have been claimed in the first suit. Plaintiff cannot split his cause of action. II. The law gives no such damages. III. The petition makes no claim therefor. (Sedg. Meas. Dam., 682, n. 1; 52 Me., 378; 2 Greenl., 284; 25 111., 86.) I. The damages in the two cases are entirely different. In the former, the damages were incurred only by Mrs. Smith,. in the latter they were suffered by the husband. (Rogers vs. Smith, 17 Ind., 323; Berger vs. Jacobs, 21 Mich., 215; Kavanaugh vs.…
1Opinion of the Court
Wa&ner, Judge,
delivered the opinion of the court.
This was an action instituted by the plaintiff to recover damages for the loss of the services of his wife, and necessary expenses of medicine, doctor’s bills and nurse hire paid out by him, in consequence of an injury to her which is alleged to have been occasioned by the negligence of the defend*457ant. The charge is, that the injury to the plaintiff’s wife was the result of her falling down an enbankment in one of the streets of the defendant, which was negligently left in an exposed and dangerous condition'. One branch of this case has…
2Cases cited12 opinions
- Ohio & Mississippi Railroad v. TindallIndiana Supreme Court · 1859
- Long v. MorrisonIndiana Supreme Court · 1860
- Smith v. City of St. JosephSupreme Court of Missouri · 1870
- Whitney v. HitchcockNew York Supreme Court · 1847
- Fuller v. Naugatuck RailroadSupreme Court of Connecticut · 1852
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3Cited by25 opinions
- Womach v. City of St. JosephSupreme Court of Missouri · 1907
- Kelley v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1897
- Ellis v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1876
- Dunn v. Cass Avenue & Fair Grounds Railway Co.Missouri Court of Appeals · 1886
- Town of Salida v. McKinnaSupreme Court of Colorado · 1891
20 more not listed; retrieve them via the Exa API.