State Ex Rel. Fourcade v. Shain

* NOTE: Opinion filed at the May Term, 1938, May 26, 1938; motion for rehearing filed; motion overruled at September Term, September 17, 1938. This case, recently reassigned to the writer, is a proceeding in certiorari seeking to quash the opinion of the Kansas City Court of Appeals in the case of Fourcade v. Kansas City (Mo. App.), 107 S.W.2d 953. Relator, as plaintiff therein, obtained judgment for $7500 damages for loss of his wife's services. The Court of Appeals held that plaintiff's main instruction was erroneous and reversed and remanded the cause.

[1] Relator claims conflict between…