Legal Opinion

Bible v. St. Louis & San Francisco Railroad

Missouri Court of Appeals

Decided March 3, 1913PublishedCited by 3 opinions

Appeal from Lawrence Circuit Court. — Hon. Carr McNatt, Judge. (1) Tlie court erred in telling the jury in plaintiff’s instruction 2 defining the measure of damages that they should take into account all loss of earnings, if any, which they may find from the evidence plaintiff has already sustained by reason of such injuries, and that they should take into account all loss of earnings, if any, that they may find from the evidence plaintiff will sustain in the future as…

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Appeal from Lawrence Circuit Court. — Hon. Carr McNatt, Judge. (1) Tlie court erred in telling the jury in plaintiff’s instruction 2 defining the measure of damages that they should take into account all loss of earnings, if any, which they may find from the evidence plaintiff has already sustained by reason of such injuries, and that they should take into account all loss of earnings, if any, that they may find from the evidence plaintiff will sustain in the future as direct result of such injuries, if any, without limiting the right to find for the plaintiff for loss of earnings to the…

1Opinion of the CourtSturgis, J.

-The plaintiff sues for personal injuries occasioned by falling from one of defendant’s flat cars while he was assisting in loading some bridge timbers on the same. He was one of a crew engaged in building and repairing bridges along the defendant railroad. The crew was supplied with cars, tools, *524ropes and other equipment and moved from place to place as the work demanded. On this particular occasion the crew were preparing to move to another place and plaintiff and several other workmen were directed by the foreman to load some rather largé and heavy bridge timbers, about thirty-two feet…

Also in this document: Concurrence.

2Cases cited33 opinions

  1. Curtis v. McNairSupreme Court of Missouri · 1903
  2. Houston v. Brush & CurtisSupreme Court of Vermont · 1894
  3. Coin v. John H. Talge Lounge Co.Supreme Court of Missouri · 1909
  4. Tinkle v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1908
  5. Smoot v. Kansas CitySupreme Court of Missouri · 1906

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3Cited by3 opinions

  1. Leingang v. Geller, Ward & Hasner Hardware Co.Supreme Court of Missouri · 1934
  2. Cody v. LuskMissouri Court of Appeals · 1914
  3. Hill v. Kansas City Southern Railway Co.Missouri Court of Appeals · 1914

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