Latimer v. Metropolitan Street Railway Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. James H. Blover, Judge. (1) The petition was too general in its allegations of negligence. • (2) The trial court erred in permitting plaintiffs to prove the number and ages of their children, the nature and extent of Mrs. Latimer’s labors in the household prior to the accident and her inability thereafter to perform such labors.
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Appeal from Jackson Circuit Court. — Hon. James H. Blover, Judge. (1) The petition was too general in its allegations of negligence. • (2) The trial court erred in permitting plaintiffs to prove the number and ages of their children, the nature and extent of Mrs. Latimer’s labors in the household prior to the accident and her inability thereafter to perform such labors. Stephens v. Railroad, 96 Mo'. 214; Dayrash v. Railroad, 103 Mo. 577; Mahaney v. Railroad, 108 Mo. 200; Williams v. Railroad, 123 Mo. 573; Brown v. Railroad, 23 Mo. App. —; 15 Eneyc.' of Law, 861. (3) The court erred in…
1Opinion of the CourtBroaddus, P. J.
— The plaintiff, Anna Latimer, sues to recover damages for an injury she received while a passenger on one of defendant’s street cars, alleged to have been the result of defendant’s negligence. Her husband, Prank Latimer, is merely joined as a nominal *72party. The cause of action alleged in the petition in substance is, that while plaintiff Anna was a passenger and while the car was moving at a rate of speed of six miles an hour, it was, through the negligence of defendant, and without warning, suddenly stopped, so as to cause-a violent and sudden shock by reason of which the plaintiff Anna was…
2Cases cited9 opinions
- Stephens v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1888
- Dayharsh v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1890
- Redmon v. Metropolitan Street RailwaySupreme Court of Missouri · 1904
- Bragg v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1905
- Mahaney v. St. Louis & Hannibal RailroadSupreme Court of Missouri · 1891
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3Cited by2 opinions
- Reeves v. LutzMissouri Court of Appeals · 1913
- Dent v. Springfield Traction Co.Missouri Court of Appeals · 1910