Wheeler v. Joy
Supreme Court of Kansas
Error from. Cloud District Court. Action by Joy, against Wheeler, Tisdale, Parher, JEJawIcs and Terry, partners as the “Southwestern Stage Company,” to recover damages for injuries sustained by him by the uncoupling and overturning of defendants’ stage-coach, while plaintiff was being carried therein as a passenger. Trial at the November Term 1874. Verdict and judgment- for plaintiff, for $1,800. New trial refused, and defendants bring the case here on error.
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Error from. Cloud District Court. Action by Joy, against Wheeler, Tisdale, Parher, JEJawIcs and Terry, partners as the “Southwestern Stage Company,” to recover damages for injuries sustained by him by the uncoupling and overturning of defendants’ stage-coach, while plaintiff was being carried therein as a passenger. Trial at the November Term 1874. Verdict and judgment- for plaintiff, for $1,800. New trial refused, and defendants bring the case here on error. Thacher & Stephens, for plaintiffs in error, submitted the three propositions quoted in the opinion, infra, and in support of the…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
This was an action to recover damages for a physical injury. The only errors complained of are thus stated in brief of counsel for plaintiffs in error: “The court erred in charging the jury that the plaintiff was entitled to recover damages for mental suffering;” “the charge of the court did not present the law in a clear manner to the jury, but was vague and inexplicit, and tended to obscure the case rather than throw light upon it;” “the charge was inconsistent.” So far as these last two matters are concerned, it is not pointed out in the…
2Cases cited2 opinions
- Ferguson v. GravesSupreme Court of Kansas · 1873
- Sumner v. BlairSupreme Court of Kansas · 1872
3Cited by8 opinions
- Glaser v. GlaserSupreme Court of Oklahoma · 1903
- Joseph v. First National BankSupreme Court of Kansas · 1876
- Palmer v. MeinersSupreme Court of Kansas · 1877
- Fullenwider v. EwingSupreme Court of Kansas · 1881
- Hunt v. HainesSupreme Court of Kansas · 1881
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