Waldopfel v. St. Louis Transit Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Robt. M. Foster, Judge. (1) Nowhere in his testimony does this witness state that he was employed by plaintiff to treat her; that he made any charge for his services, nor does the testimony show that he intended to make such charge. (2) Under the evidence, it was error for the court to authorize the jury to allow plaintiff any sum whatsoever for medical attendance.
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Appeal from St. Louis City Circuit Court. — Hon. Robt. M. Foster, Judge. (1) Nowhere in his testimony does this witness state that he was employed by plaintiff to treat her; that he made any charge for his services, nor does the testimony show that he intended to make such charge. (2) Under the evidence, it was error for the court to authorize the jury to allow plaintiff any sum whatsoever for medical attendance. Duke v. Railroad, 99 Mo. 347; To the same effect are the cases of Minster v. Railroad, 53 Mo. App. 276; Orscheln v. Scott, 79 Mo. App. 534; Robertson v. Railroad, 152 Mo. 382; Moore…
1Opinion of the CourtReyburn, J.
(after stating the facts as above).— At the threshold of this casó we are confronted by respondent’s arraignment of the bill of exceptions of appellant, that section 728, Revised Statutes 1899, limited the power of the trial court to extend the time for filing bills of exceptions beyond the term of court at which the exceptions are taken, to such cases wherein good cause is shown for the prolonging.
In Dodd v. Guiseffi, 100 Mo. App. 311 (73 S. W. 304), this court had occasion to consider the same objection, and held that under the above statute authorizing the trial court, in its discretion,…
2Cases cited7 opinions
- Smith v. Chicago & Alton RailroadSupreme Court of Missouri · 1891
- Duke v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1889
- Robertson v. Wabash RailroadSupreme Court of Missouri · 1899
- Morris v. Grand Avenue Railway Co.Supreme Court of Missouri · 1898
- Rhodes v. City of NevadaMissouri Court of Appeals · 1892
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3Cited by2 opinions
- Nelson v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1905
- Field v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1911