Pryor v. Metropolitan Street Railway Co.
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. E. P. Gates, Judge. (1) Evidence of profits made by plaintiff was inadmissible. Evidence in that regard should have been confined to his earnings. Profits in business are not earnings. Good-hart v. Railroad, 35 Atl. Rep. 191; Railroad v. O’Reilly, 158 U. S. 334; 8 Am. and Eng.
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Appeal from the Jackson Circuit Court. — Hon. E. P. Gates, Judge. (1) Evidence of profits made by plaintiff was inadmissible. Evidence in that regard should have been confined to his earnings. Profits in business are not earnings. Good-hart v. Railroad, 35 Atl. Rep. 191; Railroad v. O’Reilly, 158 U. S. 334; 8 Am. and Eng. Ency. of Law (2 Ed.), 654; Blate v. Railroad, 51 N. Y. Supp. 590, and cases cited; Silsby v. Oar Co., 54 N. W. Rep. 761; Bierbach v. Rubber Co-., 11 N. W. Rep. 514; 1 Sedg. on Dam., see. 181. (2) Servants in charge of car were not bound to know that plaintiff was, or…
1Opinion of the CourtSmith, P. J.
— This is an action which was brought to recover damages for personal injuries alleged to have resulted from the negligence of the defendant. The particular *371negligence specified in the plaintiffs petition is that the defendant suddehly caused the car, on which plaintiff was a passenger, to be started without ringing any bell and without any warning whatever to plaintiff that it intended to start the same, whereby plaintiff was suddenly and violently thrown backward and against the end of the second seat from the one in which he was sitting whereby he was permanently injured.
The answer was a…
2Cases cited23 opinions
- Mellor v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Boston & Albany Railroad v. O'ReillySupreme Court of the United States · 1895
- Masterton v. . Village of Mount VernonNew York Court of Appeals · 1874
- McManamee v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1896
- Spohn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1885
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3Cited by15 opinions
- Seymour v. HouseSupreme Court of Missouri · 1957
- Mitchell v. Chicago, Rock Island & Pacific Ry. Co.Supreme Court of Iowa · 1908
- Saxton v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1903
- Dingus v. CainCourt of Appeals of Tennessee · 1966
- Indianapolis & Cincinnati Traction Co. v. SherryIndiana Court of Appeals · 1917
10 more not listed; retrieve them via the Exa API.