Schmitz v. St. Louis, Iron Mountain & Southern Railway Co.
Missouri Court of Appeals
(1) The court erred in admitting evidence of the nursing of plaintiff’s son by plaintiff and his wife, and of the value of such services, and in permitting plaintiff’s son to denude and exhibit his foot to the jury. Dunn v. Railroad, 21 Mo. App. 203; Matthews v. Railroad, 26 Mo. App. 89. (2) The court erred in excluding the deposition of Frank Furley, offered by the defendant, which had been taken at plaintiff’s instance on due notice given to defendant.
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(1) The court erred in admitting evidence of the nursing of plaintiff’s son by plaintiff and his wife, and of the value of such services, and in permitting plaintiff’s son to denude and exhibit his foot to the jury. Dunn v. Railroad, 21 Mo. App. 203; Matthews v. Railroad, 26 Mo. App. 89. (2) The court erred in excluding the deposition of Frank Furley, offered by the defendant, which had been taken at plaintiff’s instance on due notice given to defendant. Schmick v. Noel, 64 Tex. 406. (3) The court erred in overruling defendant’s demurrer to the evidence interposed at the close of plaintiff’s…
1Opinion of the CourtBiggs, J.
Lesperance street in the city of St. Louis is crossed at right angles by several of the defend•ant’s railroad tracks. The plaintiff’s minor son was injured at this crossing. He attempted to pass through .a small aperture, which had been left between two of ■defendant’s cars, by climbing over the drawhead of one of the cars. While his foot was on the drawhead, the aperture was closed by a sudden movement of the cars, and the boy’s foot was caught and crushed. The plaintiff seeks in this action to recover the amount paid by him for medicine and medical attendance for his son ; .also…
2Cases cited14 opinions
- Carroll v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1885
- Duke v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1889
- Maxwell v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1884
- Stillson v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1878
- Caldwell v. StephensSupreme Court of Missouri · 1874
9 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Schmitz v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1893
- Petty v. Kansas City Public Service Co.Supreme Court of Missouri · 1946
- Madison v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1895
- Blackwell v. HillMissouri Court of Appeals · 1898
- Scanlon v. Kansas CitySupreme Court of Missouri · 1935
8 more not listed; retrieve them via the Exa API.