Grady v. St. Louis Transit Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Eon. D. D. Fisher, Judge. (1) It was erroneous for the court to permit testimony of injuries to plaintiff’s sexual organs, for the reason that such injury had not been pleaded. Muth v. Railway, 87 Mo-. App. 422, and cases cited in the opinion of the court in that ease. Edwards v. Railway, 79 Mo. App. 257; Harper v. Railway, 70 Mo.
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Appeal from St. Louis City Circuit Court. — Eon. D. D. Fisher, Judge. (1) It was erroneous for the court to permit testimony of injuries to plaintiff’s sexual organs, for the reason that such injury had not been pleaded. Muth v. Railway, 87 Mo-. App. 422, and cases cited in the opinion of the court in that ease. Edwards v. Railway, 79 Mo. App. 257; Harper v. Railway, 70 Mo. App. 604. (2) The court erred in its instruction number two, in directing the jury to consider plaintiff’s loss of earnings as an element of his damage, for the reason that there was no evidence upon which such an…
1Opinion of the CourtReyburn, J.
(after stating the facts as above).— 1. Three assignments of error are presented, the first *215being that the court erred in the extent of the examination of the attending physician, permitting him to state specified paralyzing effects upon organs of plaintiff, consequent upon the injury to his spine, without foundation being laid therefor in the petition. The common rule is that evidence may be introduced of any special damage, the immediate result of the act complained of, but not of any remote consequences. Muth v. Railway, 87 Mo. App. l. c. 437. The complaint, among other specific injuries…
2Cited by4 opinions
- Waeckerley v. Colonial Baking Co.Missouri Court of Appeals · 1934
- Wyse v. MillerMissouri Court of Appeals · 1928
- Semple v. United Railways Co.Missouri Court of Appeals · 1910
- Van Cleve v. St. Louis, Memphis & Southeastern RailroadMissouri Court of Appeals · 1907