Ballard v. Kansas City
Missouri Court of Appeals
Appeal from Jackson Circnit Court. — Hon. James Gibson, Judge. (1) It was reversible error for tbe trial court to instruct tbe jury in tbis case tbat they should assess damages in favor of plaintiff “for any pain of body and mental angnisb that she may suffer ... in the future . . . and for any permanent injuries she may have suffered.’’ Defendant’s evidence showed positively there was no permanent injury whatever. Albín v. Railroad, 103 Mo.
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Appeal from Jackson Circnit Court. — Hon. James Gibson, Judge. (1) It was reversible error for tbe trial court to instruct tbe jury in tbis case tbat they should assess damages in favor of plaintiff “for any pain of body and mental angnisb that she may suffer ... in the future . . . and for any permanent injuries she may have suffered.’’ Defendant’s evidence showed positively there was no permanent injury whatever. Albín v. Railroad, 103 Mo. App. 318; Batten v. Transit Co., 102 Mo. App. 285; Bigelow v. Railroad, 48 Mo. App. 367; Caplin v. Transit Co., — Mo. App. —; Schwend v. Transit Co., 105…
1Opinion of the CourtJohnson, J.
— Action for damages resulting from personal injuries sustained by plaintiff in consequence of the negligence of defendant in maintaining in a defective and out-of-repair condition a board sidewalk on Agnes avenue between Eighteenth and Nineteenth streets in defendant city. Plaintiff, while walking thereon in May, 1900, tripped over a loose board and fell, from which she suffered várious bodily injuries. The trial resulted in a judgment for her in the sum of one thousand dollars.
Defendant complains of the submission to the jury of the permanent character of the injuries received as an element…
2Cases cited12 opinions
- Curtis v. . Rochester and Syracuse Railroad CompanyNew York Court of Appeals · 1859
- Strohm v. New York, Lake Erie & Western RailroadNew York Court of Appeals · 1884
- Rosenkranz v. Lindell Railway Co.Supreme Court of Missouri · 1891
- Chilton v. City of St. JosephSupreme Court of Missouri · 1898
- Gerdes v. Christopher & Simpson Architectural Iron & Foundry Co.Supreme Court of Missouri · 1894
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3Cited by25 opinions
- Bauman v. City and County of San FranciscoCalifornia Court of Appeal · 1940
- Dean v. Kansas City, St. Louis & Chicago RailroadSupreme Court of Missouri · 1906
- Harrison v. WellerMissouri Court of Appeals · 1967
- Motts v. Michigan Cab Co.Michigan Supreme Court · 1936
- Cordiner v. Los Angeles Traction Co.California Court of Appeal · 1907
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