Slaughter v. Metropolitan Street Railway Co.
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. James H„ Slover, Judge. (1) The court erred in giving plaintiff’s instruction 3, authorizing a recovery for loss of time, when there was no pleading therefor and no proof of the value of the time lost. First. Loss of time, as an element of damage, must be specially pleaded.
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Appeal from Jackson Circuit Court. — Hon. James H„ Slover, Judge. (1) The court erred in giving plaintiff’s instruction 3, authorizing a recovery for loss of time, when there was no pleading therefor and no proof of the value of the time lost. First. Loss of time, as an element of damage, must be specially pleaded. O’Leary v. Rowan, 31 Mo. 117; Brown v. Railroad, 99 Mo. 310; Baldwin v. Railroad, 4 Gray, 333 Tomlinson v. Derby, 43 Conn. 562; Hunter v. Stewart, 47 Me. 419. Second. The instruction was improper because there was no proof of the value of the time lost. White v. Spangler, 68 Iowa,…
1Opinion of the CourtUantt, P. J.
This is an action for personal injuries, sustained by the plaintiff on the fourth _ of October, 1889, by being thrown from an electric street car, operated by defendant. Plaintiff recovered a verdict for $5,000, and defendant appeals.
The following averment sufficiently states the case made in the petition:
“That plaintiff was standing at the crossing where Eighth street runs into Kansas avenue aforesaid, and stepped on the front platform of a car in charge of the defendant’s employees, the same being a motorman and a conductor. When plaintiff had stepped upon the platform and started to go…
2Cases cited13 opinions
- Mellor v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Finney v. BerrySupreme Court of Missouri · 1875
- Leeds v. . Metropolitan Gas-Light Co.New York Court of Appeals · 1882
- Kansas Pacific Railway Co. v. PointerSupreme Court of Kansas · 1874
- Smith v. Chicago & Alton RailroadSupreme Court of Missouri · 1891
8 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- Davidson v. St. Louis Transit Co.Supreme Court of Missouri · 1908
- Merrick v. Bridgeways, Inc.Supreme Court of Missouri · 1951
- Birmingham Electric Co. v. ClevelandSupreme Court of Alabama · 1927
- Wojtylak v. Kansas & Texas Coal Co.Supreme Court of Missouri · 1905
- State ex rel. United Railways Co. v. ReynoldsSupreme Court of Missouri · 1914
38 more not listed; retrieve them via the Exa API.