Abbitt v. St. Louis Transit Co.
Missouri Court of Appeals
Appeal from St. Charles Circuit Court. — Hon. E. M. Hughes, Judge. (1) There was no evidence that any medicines for plaintiff’s wife had been bought or paid for, and the court committed error in submitting to the jury that element of damage in the instruction. McLean v. Kansas City, 81 Mo.
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Appeal from St. Charles Circuit Court. — Hon. E. M. Hughes, Judge. (1) There was no evidence that any medicines for plaintiff’s wife had been bought or paid for, and the court committed error in submitting to the jury that element of damage in the instruction. McLean v. Kansas City, 81 Mo. App. 72. (2) The testimony of plaintiff and that of the physician, which was the only testimony on the subject of medical services, shows that the physician’s bill was for ,$250.00 and was secured by a note, due after the trial, which had not been paid. The doctor said that his charges were $250.00, but…
1Opinion of the CourtGoode, J.
This plaintiff obtained a judgment for $500 against the defendant for personal injuries sustained by his wife in being thrown from the running board of a car by the negligent starting of the car as she was in the act of alighting. The only point made against the validity of the judgment is that the jury were erroneously instructed as to the measure of damages. The instruction of which complaint is made is this one:
“The court instructs the jury that if, under the -evidence and the other instructions, you decide to find for the plaintiff, you should assess his damages at such sum as you find…
2Cases cited5 opinions
- Mellor v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Tyler v. . GardinerNew York Court of Appeals · 1866
- Chouquette v. Southern Electric RailroadSupreme Court of Missouri · 1899
- Sherwood v. Grand Avenue Railway Co.Supreme Court of Missouri · 1896
- Dlauhi v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1897
3Cited by12 opinions
- Hay v. HamMissouri Court of Appeals · 1962
- Spica v. McDonaldSupreme Court of Missouri · 1960
- Nelson v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1905
- Gerbing v. McDonaldWisconsin Supreme Court · 1930
- Gibler v. Terminal RailroadSupreme Court of Missouri · 1907
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