Legal Opinion · Concurrence

Gratiot v. Missouri Pacific Railway Co.

Supreme Court of Missouri

Decided June 6, 1893Published

Appeal from St. Louis City Circuit Court. — Hon. L. B. Yalliant, Judge. (1) Defendant’s instruction at the close of the whole case in the nature of a demurrer to the evidence, should have been given.

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Appeal from St. Louis City Circuit Court. — Hon. L. B. Yalliant, Judge. (1) Defendant’s instruction at the close of the whole case in the nature of a demurrer to the evidence, should have been given. Zimmerman v. Railroad, 71 Mo. 490; Tarnall v. Railroad, 75 Mo. 583; Moody v. Railroad, 68 Mo. 470; Abbett v. Railroad, 30 Minn. 482; Rogstad v. Railroad, 14 American and English Railroad Cases, 649; Bell v. Rail/road, 72 Mo. 50; Reading v. Railroad, 19 American and English Railroad Cases, 276; Matti v. Railroad, 32 American and English Railroad Cases, 73; Hixonv. Railroad, 80 Mo. 336; Turner v.…

1Concurrence

*469SEP ABATE OPINION.

Black, 0. J.

I concur in all that is ruled in the majority opinion, except what is said in relation to the amount of damages. The plaintiff’s evidence tends to show that his horse, buggy and harness were worth from $215 to $250. He says his practice had been worth to him on an average about $2,500 per year, prior to the accident, and that his books would show a loss in the year after the injury of $1,500. It is evident that this loss was due in a great measure to the fact that he had no horse and buggy to enable him to go to his country patients. This case was tried about one…

2Cases cited8 opinions

  1. Milam County v. RobertsonTexas Supreme Court · 1877
  2. Brooks v. Railroad Co.Supreme Court of the United States · 1880
  3. Hudson v. GuestierSupreme Court of the United States · 1812
  4. Daniels v. DanielsNevada Supreme Court · 1877
  5. State v. BerrySupreme Court of Missouri · 1890

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