Legal Opinion

Coontz v. Missouri Pacific Railway Co.

Supreme Court of Missouri

Decided May 16, 1893PublishedCited by 19 opinions

Appeal from St. Charles Circuit Gowrt. — Hon. W. W. Edwards, Judge. The instruction referred to in the opinion on the measure of' damages is as follows: ‘-‘If the jury under the evidence- and instruction of the court, find in favor of the plaintiff, they should assess his damages at such a sum as they believe from the evidence will be a fair compensation to him. First, for any pain of body or mind. Second, for any loss or damage by reason of disability to labor.

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Appeal from St. Charles Circuit Gowrt. — Hon. W. W. Edwards, Judge. The instruction referred to in the opinion on the measure of' damages is as follows: ‘-‘If the jury under the evidence- and instruction of the court, find in favor of the plaintiff, they should assess his damages at such a sum as they believe from the evidence will be a fair compensation to him. First, for any pain of body or mind. Second, for any loss or damage by reason of disability to labor. Third, for any physical maiming or crippling apart from pain of body or mind, and apart from loss from disability to labor. Fourth,…

1Opinion of the CourtBuegess, J.

This is an action for personal injuries. The plaintiff was, at the time of the accident, an employe of defendant and in discharge of his duties as a conductor of an engine used as a pusher.

The negligence complained of on the part of defendant, which is alleged to have been the cause of the accident and* consequent injury, is, “that at the time of said injury, said engine and tender were greatly worn and in a dangerous and defective condition ; that the wheel or truck of the tender was worn out and defective and crooked, and the material of said wheel had sand holes in it, thereby weakening it…

2Cases cited2 opinions

  1. Mellor v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
  2. Finney v. BerrySupreme Court of Missouri · 1875

3Cited by19 opinions

  1. Price v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1909
  2. Davidson v. St. Louis Transit Co.Supreme Court of Missouri · 1908
  3. Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. CaseIndiana Supreme Court · 1910
  4. Slaughter v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1893
  5. Wilbur v. Southwest Missouri Electric Railway Co.Missouri Court of Appeals · 1905

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