Davidson v. St. Louis Transit Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. O’Neill Ryan, Judge. (1) Instruction 1, given at the request of plaintiff, is erroneous because it authorized the jury to return a verdict for plaintiff, if they found that there was any negligence on the part of defendant, instead of limiting them to the particular act of negligence counted on in the petition.
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Appeal from St. Louis City Circuit Court. — Hon. O’Neill Ryan, Judge. (1) Instruction 1, given at the request of plaintiff, is erroneous because it authorized the jury to return a verdict for plaintiff, if they found that there was any negligence on the part of defendant, instead of limiting them to the particular act of negligence counted on in the petition. Wolfe v. Supreme Lodge, 160 Mo. 675; Abbott v. Railroad, 83 Mo. 278; Price v. Railroad, 72 Mo. 419. (2) Instruction 2, defining the measure of damages, given at plaintiff’s request, is erroneous for the reason that it authorized the jury…
1Opinion of the CourtFox, J.
— This cause is now pending in this court upon appeal on the part of the defendant from a judgment of the circuit court of the. city of St. Louis in favor of the plaintiff for the sum of $12,000.
Plaintiff, at the time she received the injuries complained of in this action, was a young married woman, twenty-nine years old, and at the time of the institution of this suit she was still under coverture. Her husband died in July, 1903, pending the suit. After his death the plaintiff filed an amended petition which charged that defendant was a Missouri corporation, engaged as a common carrier of…
2Cases cited26 opinions
- Gannon v. Laclede Gas Light Co.Supreme Court of Missouri · 1898
- Mellor v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Finney v. BerrySupreme Court of Missouri · 1875
- Feary v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1901
- Abbott v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1884
21 more not listed; retrieve them via the Exa API.
3Cited by74 opinions
- Price v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1909
- Jones v. Central States Oil Co.Supreme Court of Missouri · 1942
- Charles F. Curry and Company v. HedrickSupreme Court of Missouri · 1964
- May Department Stores Co. v. BellCourt of Appeals for the Eighth Circuit · 1932
- Girratono v. Kansas City Public Service Co.Supreme Court of Missouri · 1952
69 more not listed; retrieve them via the Exa API.