Holden v. Missouri Railroad
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hem. Moses N. Sale, Judge. The circuit court erred in giving plaintiff’s instruction marked “ 5-P, ” on the measure of damages.
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Appeal from St. Louis City Circuit Court. — Hem. Moses N. Sale, Judge. The circuit court erred in giving plaintiff’s instruction marked “ 5-P, ” on the measure of damages. Complaint is here made particularly of the concluding clause, which authorizes recovery “for such pain of body or mind, or physical inconvenience, if any, as you may find plaintiff to have suffered, or that'he will be likely to suffer in the future by reason of said injury. ’ ’ A commission to award prospective damages is vague enough even when confined to consequences which will actually and naturally flow from the…
1Opinion of the CourtBland, P. J.
(after stating the facts). — 1. The question propounded to Dr. Bradley, to which defendant objected, does not call for two opinions, as contended by defendant, but assumes the existence of the fact to which the witness had previously testified, to-wit, that he had made a professional examination of plaintiff’s ears and found them in the condition described in his evidence. Assuming the existence of this condition, the question then proceeded to set forth a state of- facts in evidence in respect to the injury and .to inquire whether or not this state of facts would, in the opinion of the…
2Cases cited14 opinions
- Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
- American Brewing Ass'n v. TalbotSupreme Court of Missouri · 1897
- White v. Milwaukee City Railway Co.Wisconsin Supreme Court · 1884
- Williams v. StateCourt of Appeals of Maryland · 1885
- State ex rel. Mulholland v. SmithSupreme Court of Missouri · 1897
9 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Block v. RackersSupreme Court of Missouri · 1953
- In Re Leon G.Arizona Supreme Court · 2002
- Garard v. Manufacturers' Coal & Coke Co.Supreme Court of Missouri · 1907
- In Re Leon G.Arizona Supreme Court · 2001
- O'Keefe v. United Railways Co.Missouri Court of Appeals · 1907
8 more not listed; retrieve them via the Exa API.