Longan v. Weltmer
Supreme Court of Missouri
Appeal from Henry Circuit Court. — Hon. W. W. Graves, Judge. (1) Instruction 4, given at the instance of the plaintiff upon the measure of damages, was clearly erroneous. Goss v. Railroad, 50 Mo. 614; McGowan v. Ore & Steel Co., 109 Mo. 518; Carpenter v. McDavitt, 53 Mo. App. 403. (2) Instructions which assume disputed facts are erroneous. Linn v. Massilon, 78 Mo.
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Appeal from Henry Circuit Court. — Hon. W. W. Graves, Judge. (1) Instruction 4, given at the instance of the plaintiff upon the measure of damages, was clearly erroneous. Goss v. Railroad, 50 Mo. 614; McGowan v. Ore & Steel Co., 109 Mo. 518; Carpenter v. McDavitt, 53 Mo. App. 403. (2) Instructions which assume disputed facts are erroneous. Linn v. Massilon, 78 Mo. App. 116; Robertson v. Drane, 100 Mo. 273. (3) Plaintiff’s instruction to the effect that it was the duty of Krewsom to treat the defendant with ordinary skill, and such “as an ordinary skillful man would have used,” was clearly…
1Opinion of the CourtBurgess, J.
This is an action for damages for injuries alleged to have been sustained by plaintiff by reason of the negligent, careless and unskillful treatment by one of the employees of defendant “magnetic healers,” under whose treatment she was at the time for some derangement of the stomach.
The suit was brought in the circuit court of Vernon county, but thereafter on the application of plain*326tiff the venue was changed to the circuit court of Henry county, where upon a trial before the court and a jury, plaintiff recovered a verdict and judgment in the sum of seven thousand five hundred dollars, from…
2Cases cited16 opinions
- Browning v. Wabash Western Railway Co.Supreme Court of Missouri · 1894
- Matthews v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1898
- Howland v. Oakland Consolidated Street Railway Co.California Supreme Court · 1895
- Nelson v. HarringtonWisconsin Supreme Court · 1888
- Crocker v. CarpenterCalifornia Supreme Court · 1893
11 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Foster v. ThorntonSupreme Court of Florida · 1936
- Runyan v. GoodrumSupreme Court of Arkansas · 1921
- Kershaw v. TilburyCalifornia Supreme Court · 1932
- Grainger v. StillSupreme Court of Missouri · 1905
- State v. WilsonSupreme Court of Iowa · 1913
26 more not listed; retrieve them via the Exa API.