Moyes v. St. Louis, Iron Mountain & Southern Railroad
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. George H. Shields, Judge. The court erred in giving plaintiff’s instruction number 8, directing the. jury, in awarding damages, to consider the physical condition and earning capacity of the deceased. Young v. Railroad, 227 Mo. 307; Casey v. Railroad, 205 Mo. 721; Childress v. Railroad, 141 Mo. App. 667; Potter v. Railroad, 136 Mo.
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Appeal from St. Louis City Circuit Court. — Hon. George H. Shields, Judge. The court erred in giving plaintiff’s instruction number 8, directing the. jury, in awarding damages, to consider the physical condition and earning capacity of the deceased. Young v. Railroad, 227 Mo. 307; Casey v. Railroad, 205 Mo. 721; Childress v. Railroad, 141 Mo. App. 667; Potter v. Railroad, 136 Mo. App. 143. • Physical condition, age and earning capacity are proper for consideration in arriving at amount of verdict. The jury were instructed the amount to be assessed was a “penalty.” Appellants did not object to…
1Concurrence
CONCURRING OPINION.
REYNOLDS, P. J.
I concur in the above opinion and in the decision, and in doing so take occasion to say that the remark I made in Potter v. Railroad, 136 *468Mo. App. l. c. 145, 117 S. W. 593, in answering the argument that the verdict was excessive, that “the defendant itself brought out the fact that the husband was practically the sole support of his wife and three children and that we are all of the opinion that the defendant has no cause whatever to complain of the amount of this verdict,” may be misleading. All of it except that part of it which holds that the defendant…
2Cases cited1 opinion
- Potter v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1909