Legal Opinion

McCarty v. St. Louis Transit Co.

Supreme Court of Missouri

Decided December 21, 1905PublishedCited by 21 opinions

Appeal from St. Louis City Circuit Court . — Eon. D. D. Fisher, Judge. The court erred in sustaining plaintiff’s motion for a new trial, and in granting plaintiff a new trial of the cause. See. 2866, R. S. 1899; Pritchard v. Hewitt,. 91 Mo. 547; Leahy v. Davis, 121 Mo. 227; Dowd v. Air Brake Go., 132 Mo. 579; Railroad v. Judd, 20 Ky.

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Appeal from St. Louis City Circuit Court . — Eon. D. D. Fisher, Judge. The court erred in sustaining plaintiff’s motion for a new trial, and in granting plaintiff a new trial of the cause. See. 2866, R. S. 1899; Pritchard v. Hewitt,. 91 Mo. 547; Leahy v. Davis, 121 Mo. 227; Dowd v. Air Brake Go., 132 Mo. 579; Railroad v. Judd, 20 Ky. L. 1978; 1 Joyce, Damages, secs. 511, 527; 2 Graham & Waterman on New Trials (2 Ed.), 451. Plaintiff’s instruction as to the measure of damages is as follows: “If the jury find for the plaintiff they shall assess her damages at such a sum as they may believe from…

1Opinion of the CourtLamm, J.

Cornelius McCarty was the husband of plaintiff, concededly performing his marriage contract and marital duties pertaining to her care and support. He was an employee of the St. Louis Fire Department and, at the time in hand, the driver of truck No. 12, said truck being a long-coupled wagon, twenty-seven feet between axles, used for carrying ladders to a fire. His age was forty-nine years and he was earning “eighty-nine dollars and a dime” per month (his real salary being $90 per month, but ninety cents were' deducted for a firemens’ pension fund). His health was excellent, his sobriety and…

2Cases cited9 opinions

  1. Parsons v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
  2. Nagel v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1882
  3. Haven v. Missouri RailroadSupreme Court of Missouri · 1900
  4. Rains v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1879
  5. Pritchard v. HewittSupreme Court of Missouri · 1887

4 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. Crews v. Kansas City Public Service Co.Supreme Court of Missouri · 1937
  2. Cochran v. WilsonSupreme Court of Missouri · 1921
  3. Johnson v. GraysonSupreme Court of Missouri · 1910
  4. Walsh v. Southwestern Bell Telephone Co.Supreme Court of Missouri · 1932
  5. Littig v. Urbauer-Atwood Heating Co.Supreme Court of Missouri · 1922

16 more not listed; retrieve them via the Exa API.

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