Newell v. St. Louis Transit Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — -No». W. B. Douglas, Judge. Under a petition alleging permanent disability to-labor and to earn money, a married woman residing at home with her husband and children, and having no-other business or occupation than that of a housewife, is not entitled to an instruction giving her the unqualified right to all damages resulting from “physical inconvenience.”
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Appeal from St. Louis City Circuit Court. — -No». W. B. Douglas, Judge. Under a petition alleging permanent disability to-labor and to earn money, a married woman residing at home with her husband and children, and having no-other business or occupation than that of a housewife, is not entitled to an instruction giving her the unqualified right to all damages resulting from “physical inconvenience.” This error in plaintiff’s second instruction is emphasized by the refusal of defendant’s instruction “0.” The doctrine of that instruction is too well settled to require further insistence. Its…
1Opinion of the CourtGoode, J.
— According to the verdict of the jury the plaintiff got hurt by the premature starting of a car of the defendant company, while she was alighting from it. The errors assigned on this appeal are the giving of an instruction on the measure of damages at the instance of the plaintiff, and the refusal of an instruction asked by the defendant. The given instruction was as follows:
“If the jury find for the plaintiff, they should assess her damages at such sum as they may believe from the evidence will be a fair compensation to her for any pain of body or mind and physical inconvenience and…
2Cases cited3 opinions
- Plummer v. City of MilanMissouri Court of Appeals · 1897
- Jenson v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1893
- Kroner v. St. Louis Transit Co.Missouri Court of Appeals · 1904