Griveaud v. St. Louis Cable & Western Railway Co.
Missouri Court of Appeals
Appeal from, the St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. The court erred in admitting testimony showing the contracts plaintiff had on hand at the time he was injured. Such damages must be specially pleaded and alleged in the petition. 2 G-reenl.
Read the full summary
Appeal from, the St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. The court erred in admitting testimony showing the contracts plaintiff had on hand at the time he was injured. Such damages must be specially pleaded and alleged in the petition. 2 G-reenl. Ev. sec. 254; 1 Chitty [ 4 Ed. ] 328-346 ; Sedg. on Dam. [ 4 Ed. ] 682, 685. Plaintiff should not have been allowed to testify as to his earnings for previous years, because such evidence does not come within the rule which allows parties to testify where the amount to be received, or that has been received, is definitely fixed.…
1Opinion of the Court
Rombauer, P. J.,
delivered tbe opinion of tbe court.
Tbe defendant corporation operated in February, 1886, a double-track cable street railroad on certain streets of tbe city of St. Louis, by license of said city. Tbe roadbed and apparatus of this railroad was constructed in tbe following manner according to plans and specifications submitted to tbe board of public improvements of tbe municipality, and presumably with its sanction: An oval-shaped sheet-steel conduit, about three feet deep, is laid in tbe street in sections eighteen feet in length, clasped at intervals by steel T rails (such as…
2Cases cited4 opinions
- Nebraska City v. CampbellSupreme Court of the United States · 1863
- Geveke v. Grand Rapids & Indiana RailroadMichigan Supreme Court · 1885
- Luck v. City of RiponWisconsin Supreme Court · 1881
- Keitel v. St. Louis Cable & Western Railway Co.Missouri Court of Appeals · 1888
3Cited by13 opinions
- Dallas Ry. & Terminal Co. v. BankstonTexas Commission of Appeals · 1932
- Gildersleeve v. OverstolzMissouri Court of Appeals · 1901
- State v. WitherspoonSupreme Court of Missouri · 1910
- Pryor v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1900
- Fishang v. Eyermann Contracting Co.Supreme Court of Missouri · 1933
8 more not listed; retrieve them via the Exa API.