Dunnagan v. Briggs
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Ron Rugo Muench, Judge. (1) Such words as “promptly” and “properly” and “mitigating” and “aggravating” require no definition. “We must accord the jury at least ordinary intelligence and understanding.” Kischman v. Scott, 166,Mo. 214, 228. (2) The words “promptly” and “properly” must not be taken alone.
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Appeal from St. Louis City Circuit Court. — Ron Rugo Muench, Judge. (1) Such words as “promptly” and “properly” and “mitigating” and “aggravating” require no definition. “We must accord the jury at least ordinary intelligence and understanding.” Kischman v. Scott, 166,Mo. 214, 228. (2) The words “promptly” and “properly” must not be taken alone. As part of the phrase “neglected promptly and properly to at-send to and treat his said injuries,” they were very clearly explained and defined in instruction 2, defining “ordinary care” and “negligence” and determining the required standard in words…
1Opinion of the Court
ALLEN, J. —
This is an action brought by plaintiff for the wrongful death of her husband, Charles Dunnagan. The suit, as originally instituted, wa.s against the respondent and two corporations. Plaintiff suffered nonsuit as to the corporations, and the cause proceeded to trial, verdict and judgment against the respondent.
At the time plaintiff’s husband received the injuries which it is alleged resulted in his death, defendant was a physician and surgeon, and owned and conducted a hospital on Jefferson avenue and Gamble street in the city of St. Louis, Missouri. On Friday, September 9, 1910,…
2Cases cited6 opinions
- Allen v. St. Louis Transit Co.Supreme Court of Missouri · 1904
- Boyd v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1911
- Magrane v. St. Louis & Suburban Railway Co.Supreme Court of Missouri · 1904
- Dalton v. RedemeyerMissouri Court of Appeals · 1910
- Cornett v. Chicago & Alton RailroadMissouri Court of Appeals · 1911
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