Schwend v. St. Louis Transit Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Jas. B. Kinealy, Judge. (1) The instruction violates the rule that future damages for injuries, pain or suffering must be confined to such as the evidence renders it reasonably certain will result from the injury. It is only for such damages in the future as will certainly and necessarily be sustained that a recovery may be had. Curtis y. Railroad, 18 N. Y. 534, 75 Am. Dec. 258; Bigelow v. Railway, 48 Mo.
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Appeal from St. Louis City Circuit Court. — Hon. Jas. B. Kinealy, Judge. (1) The instruction violates the rule that future damages for injuries, pain or suffering must be confined to such as the evidence renders it reasonably certain will result from the injury. It is only for such damages in the future as will certainly and necessarily be sustained that a recovery may be had. Curtis y. Railroad, 18 N. Y. 534, 75 Am. Dec. 258; Bigelow v. Railway, 48 Mo. Ap'p. 374. (2) The proper way to draft an instruction of this character seems to be well settled by judicial precedents in this State. The…
1Opinion of the CourtReyburn, J.
This plaintiff was a passenger upon an electrically propelled car of defendant on December 5, 1902; at close of the day’s work she had left her place of employment, boarding a street car at Sixth and Olive streets, in the city of St. Louis, and had transferred to a connecting car. of defendant at intersection of the latter named street with Grand avenue, and proceeded northward on the Grand avenue line to Dodier street, near where she lived, and upon attempting to alight she received the injuries, the basis of this action. The plaintiff, a widow, about thirty-six years of age, set forth in…
2Cases cited10 opinions
- Curtis v. . Rochester and Syracuse Railroad CompanyNew York Court of Appeals · 1859
- Russell v. Inhabitants of ColumbiaSupreme Court of Missouri · 1881
- White v. Milwaukee City Railway Co.Wisconsin Supreme Court · 1884
- Fry v. Dubuque & Southwestern Railway Co.Supreme Court of Iowa · 1877
- Hardy v. Milwaukee Street Railway Co.Wisconsin Supreme Court · 1895
5 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Dean v. Kansas City, St. Louis & Chicago RailroadSupreme Court of Missouri · 1906
- Ballard v. Kansas CityMissouri Court of Appeals · 1905
- Wilbur v. Southwest Missouri Electric Railway Co.Missouri Court of Appeals · 1905
- O'Keefe v. United Railways Co.Missouri Court of Appeals · 1907
- Ongaro v. TwohyWashington Supreme Court · 1908
17 more not listed; retrieve them via the Exa API.