Legal Opinion

Monroe v. United Railways Co.

Missouri Court of Appeals

Decided December 30, 1910PublishedCited by 3 opinions

Appeal from St. Louis Circuit Court. — ücw. J. Hugo Grimm, Judge. (1) The court erred in permitting Dr. WMttley, over defendant’s objection, to give Ms opinion that plaintiff was, at the time of tlie trial, suffering bodily pain, due to tbe injury, and that sbe would, in .the future, be reasonably certain to suffer pain, without requiring a statment of the evidence, either in the hypothetical question or by the doctor himself, upon which his opinion was based.

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Appeal from St. Louis Circuit Court. — ücw. J. Hugo Grimm, Judge. (1) The court erred in permitting Dr. WMttley, over defendant’s objection, to give Ms opinion that plaintiff was, at the time of tlie trial, suffering bodily pain, due to tbe injury, and that sbe would, in .the future, be reasonably certain to suffer pain, without requiring a statment of the evidence, either in the hypothetical question or by the doctor himself, upon which his opinion was based. Baehr v. Casualty Co., 133 Mo. App. 541; Reed v. Ins. Co., 58 Mo. 421; 2 Jones on Evidence, sec. 377. (2) The court erred in…

1Opinion of the CourtReynolds, P. J.

(after stating- the facts).-Counsel for appellant assign eleven errors. The first, second, third, fourth and eleventh are to alleged, errors in the several instructions given at the instance of plaintiff. The fifth, sixth, seventh and ninth errors are assigned to the admission of the testimony of the two physicians. The eighth is in permitting plaintiff’s husband to testify that plaintiff had sent him to the physician for medicine and that he had procured medicine from the physician on prescriptions which he gave plaintiff. The tenth assigned error is in refusing defendant’s second, third,…

2Cases cited12 opinions

  1. Jackson v. Grand Avenue Railway Co.Supreme Court of Missouri · 1893
  2. Chicago West Division Railway Co. v. MillsIllinois Supreme Court · 1882
  3. Sheets v. Iowa State InsuranceSupreme Court of Missouri · 1910
  4. Clancy v. St. Louis Transit Co.Supreme Court of Missouri · 1906
  5. King v. Wabash RailroadSupreme Court of Missouri · 1908

7 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Carroll v. United Railways Co.Missouri Court of Appeals · 1911
  2. Chamlee v. Planters Hotel Co.Missouri Court of Appeals · 1911
  3. Parker v. United Railways Co.Missouri Court of Appeals · 1910

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