Epstein v. Pennsylvania Railroad
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — No». Jesse A. McDonald, Judge. (1) The trial court erred in refusing the following instruction asked by the defendant, to-wit: Plaintiff alleges in his petition that one result of his injuries is that he has become sexually impotent.
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Appeal from St. Louis City Circuit Court. — No». Jesse A. McDonald, Judge. (1) The trial court erred in refusing the following instruction asked by the defendant, to-wit: Plaintiff alleges in his petition that one result of his injuries is that he has become sexually impotent. You are instructed that there is no evidence that his impotence, even if you find it to exist, was caused by the injuries received in his accident, and in making up your verdict you will not fake into consideration this alleged impotency. The only testimony bearing on the question was that of plaintiff himself. No…
1Opinion of the CourtReynolds, P. J.
(after stating the facts). — In the presentation of this case to this court the learned counsel for the appellant, in a very exhaustive brief and argument, makes seven points against the action of the trial court. The first, second and third points relate to the refusal of the court to give the instruc*149tions marked, “Defendant’s instructions B and 0,” and in giving the fourth paragraph of the instruction covering the measure of damage, that is to' say, the paragraph based on the impotency of plaintiff. The fourth point of error assigned is to the admission of the testimony of plaintiff as to…
2Cases cited12 opinions
- Mellor v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Chamberlain v. . the PeopleNew York Court of Appeals · 1861
- Egbert v. GreenwaltMichigan Supreme Court · 1880
- Holloway v. Kansas CitySupreme Court of Missouri · 1904
- Scanlon v. WalsheCourt of Appeals of Maryland · 1895
7 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Epstein v. Pennsylvania RailroadSupreme Court of Missouri · 1913
- Galveston, H. & S. A. Ry. Co. v. HarrisCourt of Appeals of Texas · 1915
- Kane v. Metropolitan Life InsuranceMissouri Court of Appeals · 1934
- Welp v. BogyMissouri Court of Appeals · 1925
- Pew v. PriceSupreme Court of Missouri · 1913
1 more not listed; retrieve them via the Exa API.