Leach v. St. Louis & San Francisco Railroad
Missouri Court of Appeals
Appeal from Stoddard Circuit Court. — Hon. J. L. Fort, Judge. Negligence is an affirmative fact to be established by proof before there can be any recovery of damage on account thereof, and it is a question of law whether or not the evidence tends to prove such negligence in any case.
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Appeal from Stoddard Circuit Court. — Hon. J. L. Fort, Judge. Negligence is an affirmative fact to be established by proof before there can be any recovery of damage on account thereof, and it is a question of law whether or not the evidence tends to prove such negligence in any case. Ryan v. McCully, 123 Mo. 646; Chandler v. Gas Co., 174 Mo. 328; Stepp v. Railway, 85 M'o. 229; Rutledge v. Railway, 123 Mo. 121; Warner v. Railroad, 178 Mo. 125. The court erred in giving instruction 2 on the part of plaintiff, in that it instructs the jury that in arriving at their verdict they may take into…
1Opinion of the CourtReynolds, P. J.
(after stating the facts). — We regret that we are compelled to reverse this case on this point but it is too important a point, in cases of this kind, to be overlooked. When the plaintiff insists on damages for loss of time and earnings she must be put to the proof of the value of her time and the amount of her earnings. An instruction submitting to the jury a rule for the estimation of damages which includes in it the element of loss of earnings, when there is no foundation for it, is reversible error. [Wallack v. St. Louis Transit Co., 123 Mo. App. 160, l. c. 167.] This is the only error…
2Cases cited1 opinion
- Wallace v. St. Louis Transit Co.Missouri Court of Appeals · 1907