Shaw v. Missouri & Kansas Dairy Co.
Missouri Court of Appeals
.Appeal from the Jackson Circuit Court. — Hon. J. H. Slover, Judge. (1) The. correct rule of damages in this case should, have been the reasonable expense of curing the horse of his injuries and the difference between the value of the horse before the injury and after the cure. Streettev. Laumier, 34 Mo. 469; Hoffman v. Railroad, 51 Mo.
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.Appeal from the Jackson Circuit Court. — Hon. J. H. Slover, Judge. (1) The. correct rule of damages in this case should, have been the reasonable expense of curing the horse of his injuries and the difference between the value of the horse before the injury and after the cure. Streettev. Laumier, 34 Mo. 469; Hoffman v. Railroad, 51 Mo. App. 273; Monroe v. Lattin, 25 Kan. 243; Gillett v. Railroad, 8 Allen, 560; Sedg. on Dam. [7 Ed.], notes-bottom of pages 315, 316. This improper element, of damages was material and must result in a reversal. Churchman v. Kansas City, 44 Mo. App. 669., (2)…
1Opinion of the CourtSmith, P. J.
— This was an action to recover ■damages for the alleged negligence of the defendant. The plaintiff had judgment and the defendant has ■appealed.
The defendant, by its appeal, complains of the action of the trial court in the giving and refusing of ’instructions. The defendant objects that the first instruction given for the plaintiff, which told the jury that if they believed from the evidence that the plaintiff’s harness, buggy and horse received any injury, they should allow and award to the plaintiff, as ■damages therefor, the actual and necessary cost of repairing said buggy and harness,…
2Cases cited5 opinions
- Streett v. LaumierSupreme Court of Missouri · 1864
- Corrister v. Kansas City, St. Joseph & Council Bluffs RailroadMissouri Court of Appeals · 1887
- Remmler v. ShenuitMissouri Court of Appeals · 1884
- Procter v. LoomisMissouri Court of Appeals · 1889
- Warner v. VeitchMissouri Court of Appeals · 1876
3Cited by3 opinions
- Liese v. MeyerSupreme Court of Missouri · 1898
- Barrie v. St. Louis Transit Co.Missouri Court of Appeals · 1906
- Cookman v. NillMissouri Court of Appeals · 1899