Smith v. Kansas City
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. Sanford B. Ladd, Special Judge. (1) This case must he reversed for error in giving respondent’s instruction numbered 5, authorizing the recovery of an amount for obligations incurred for “medical treatment and attention” in excess of the amount claimed and for expenditures therefor not alleged to have been made.
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Appeal from Jackson Circuit Court. — Hon. Sanford B. Ladd, Special Judge. (1) This case must he reversed for error in giving respondent’s instruction numbered 5, authorizing the recovery of an amount for obligations incurred for “medical treatment and attention” in excess of the amount claimed and for expenditures therefor not alleged to have been made. (2) This case must be reversed for the error in.giving plaintiff’s instruction numbered 1, which comments on the evidence by directing the attention of the jury to negligence of a party not joined in the suit and not an issue in this case, and…
1Opinion of the CourtBroaddus, P. J.
This is a suit for injuries plaintiff received, alleged to have been the result of the defendant’s negligence. The petition alleges that on the twenty-fourth day of November, 1903, .plaintiff was the servant and employee of defendant and as such was engaged in digging a trench and laying a water pipe at Turkey Creek pumping station; that the work was being done under the direction and control of William *153Boyle, defendant’s foreman; that plaintiff was injured, by the caving or falling in of the bank of the trench that defendant’s said agent in charge of said work “negligently and carelessly…
2Cases cited11 opinions
- Bradley v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Missouri · 1897
- Benjamin v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1896
- Glasgow v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1905
- Smoot v. Kansas CitySupreme Court of Missouri · 1906
- Herdler v. Buck's Stove & Range Co.Supreme Court of Missouri · 1896
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3Cited by5 opinions
- Jackson v. HarriesUtah Supreme Court · 1925
- Glen L. Wigton Motor Co. v. PhillipsSupreme Court of Oklahoma · 1933
- Erwin v. Missouri & Kansas Telephone Co.Missouri Court of Appeals · 1913
- Darden v. Robert G. Lassiter & Co.Supreme Court of North Carolina · 1930
- Mitchell v. Westport Hotel Operating Co.Missouri Court of Appeals · 1929