Torreyson v. United Railways Co.
Missouri Court of Appeals
Appeal from tbe St. Louis City Circuit Court. — Eon. Matt. O. Reynolds, Judge. (1) Plaintiff’s instruction number 2 is erroneous in that it assumes that plaintiff was injured, and that she suffered mental and physical pain as a result thereof. These matters were disputed issues of fact and should have been submitted hypothetically to the jury. Plummer v. Milan, 70 Mo. App. 598; Evans v. Joplin, 76 Mo. App. 20; Fullerton v. Fordyce, 121 Mo. 1; Freeman v. Street Ry., 95 Mo.
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Appeal from tbe St. Louis City Circuit Court. — Eon. Matt. O. Reynolds, Judge. (1) Plaintiff’s instruction number 2 is erroneous in that it assumes that plaintiff was injured, and that she suffered mental and physical pain as a result thereof. These matters were disputed issues of fact and should have been submitted hypothetically to the jury. Plummer v. Milan, 70 Mo. App. 598; Evans v. Joplin, 76 Mo. App. 20; Fullerton v. Fordyce, 121 Mo. 1; Freeman v. Street Ry., 95 Mo. App. 94. (2) The court erred in admitting, over defendant’s objections, testimony for plaintiff tending to prove she gave…
1Opinion of the CourtCox, J.
Action for damages for injuries alleged to have resulted to plaintiff by being thrown upon the pavement in the city of St. Louis, by reason of defendant starting its street, car, upon which plaintiff was riding, with a jerk while she was in the act of alighting therefrom. The petition alleged that as a result of said fall she was painfully, seriously and permanently injured. That her body was bruised, scarred and injured, her spine and back were sprained, wrenched, bruised and injured; that her entire nervous system was disordered, shocked and greatly injured, and that all of *630her injuries are…
2Cases cited10 opinions
- Smart v. Kansas CitySupreme Court of Missouri · 1907
- Roscoe v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1907
- Glasgow v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1905
- Taylor v. Grand Avenue RailwaySupreme Court of Missouri · 1904
- Brady v. Springfield Traction Co.Missouri Court of Appeals · 1910
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3Cited by3 opinions
- Torreyson v. United Railways Co.Supreme Court of Missouri · 1912
- Jerome v. United Railways Co.Missouri Court of Appeals · 1911
- Blyston-Spencer v. United Railways Co.Missouri Court of Appeals · 1910