Gerhart v. Metropolitan Street Railway Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. Henry L. HcCune, Judge. (1) Instruction number 4, for plaintiff, is erroneous because it submits to tbe jury tbe questions of an injury to plaintiff’s hand, and bruising and wounding his abdomen, when there was absolutely no evidence to support either claim. Lester v. Railway, 60 Mo. 268; Duke v. Railway, 99 Mo. 347; White v. Chancey, 20 Mo. App. 397; Bowles v. Lewis, 58 Mo. App. 647; Cottrell v. Spiess, 23 Mo.
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Appeal from Jackson Circuit Court. — Hon. Henry L. HcCune, Judge. (1) Instruction number 4, for plaintiff, is erroneous because it submits to tbe jury tbe questions of an injury to plaintiff’s hand, and bruising and wounding his abdomen, when there was absolutely no evidence to support either claim. Lester v. Railway, 60 Mo. 268; Duke v. Railway, 99 Mo. 347; White v. Chancey, 20 Mo. App. 397; Bowles v. Lewis, 58 Mo. App. 647; Cottrell v. Spiess, 23 Mo. App. 35. (2) The verdict was excessive, and a new trial should have been granted; Doherty v. Kansas City, 105 Mo. App. 173; Haynes v. Trenton,…
1Opinion of the CourtEllison, J.
Plaintiff’s action is for personal injury received while in the act of alighting from one of defendant’s street cars upon which he was a passenger. He recovered judgment in the trial court.
The petition charged that defendant negligently started the car while plaintiff was in the act of alighting that he was jerked or thrown to the ground on his feet; that in being thus thrown he grabbed hold of the handrail of the car and fell against the edge of the platform of the car; that Avhile in this position defendant’s servants carelessly ran the car forward, dragging the plaintiff, he holding onto…
2Cases cited2 opinions
- Rogers v. Modern BrotherhoodMissouri Court of Appeals · 1908
- Underwood v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1907
3Cited by1 opinion
- Newman v. Standard Accident InsuranceMissouri Court of Appeals · 1915