Legal Opinion · Concurrence

Muth ex. of Reuter v. St. Louis & Meramec River Railroad

Missouri Court of Appeals

Decided March 4, 1901Published

Appeal from St. Louis City Circuit Court. — Hon. Jacob Klein, Judge. STATEMENT OE THE CASE. The petition is as follows : “Sylvester Reuter, plaintiff, v. St. Louis & Meramee River Railroad Company, defendant.

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Appeal from St. Louis City Circuit Court. — Hon. Jacob Klein, Judge. STATEMENT OE THE CASE. The petition is as follows : “Sylvester Reuter, plaintiff, v. St. Louis & Meramee River Railroad Company, defendant. “Comes now the plaintiff in the above entitled cause and for cause of action says: ‘Defendant is a corporation duly existing under the laws of the State of Missouri, owning and operating a street railroad, and owning as incident to said business, street railway tracks and a number of cars which operate upon said tracks by electric force, over, upon and along divers streets in the city of…

1Concurrence

CONCURRING OPINION.

GOODE, J.

I concur in the result of the opinion in this case because, in my judgment, the allegations of the petition, when considered together were sufficient to let in the testimony in regard to the plaintiff’s loss of memory. That testimony was as follows: “Q. Has this injury affected your memory any? A. I think it has. Q. Have you discovered any effect upon your memory since this accident which was not so before the accident ? A. Tes, sir; I have got no memory at all, hardly, and I had a good memory before.”

It has been said, “The rule as to special damage is that you may…

2Cases cited11 opinions

  1. Ehrgott v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
  2. Denver & Rio Grande Railway v. HarrisSupreme Court of the United States · 1887
  3. Ohio & Mississippi Railway Co. v. SelbyIndiana Supreme Court · 1874
  4. Yeager v. City of BluefieldWest Virginia Supreme Court · 1895
  5. Johnson v. McKeeMichigan Supreme Court · 1873

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