Nelson v. United Railways Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court.—Now. George N. Shields, Judge. (1) Instruction No. 15, defining the measure of damages, given at plaintiff’s request, is erroneous for the reason it authorized the jury to assess damages for loss of time by plaintiff, when no claim for loss of time was made in the petition. Coontz v. Railroad, 115 Mo. 669, 673; Slaughter v. Railroad, 116 Mo. .269, 274; King v. Railroad, 129 Mo. App. 301, 304; F'errier v. Mercantile Co., 158' Mo.
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Appeal from St. Louis City Circuit Court.—Now. George N. Shields, Judge. (1) Instruction No. 15, defining the measure of damages, given at plaintiff’s request, is erroneous for the reason it authorized the jury to assess damages for loss of time by plaintiff, when no claim for loss of time was made in the petition. Coontz v. Railroad, 115 Mo. 669, 673; Slaughter v. Railroad, 116 Mo. .269, 274; King v. Railroad, 129 Mo. App. 301, 304; F'errier v. Mercantile Co., 158' Mo. App. 533, 536; Stoetzle v. Sweringen, 96 Mo. App. 592. (2) Instruction No. 15, defining the measure of damages, given at…
1Opinion of the CourtNortoni, J.
This is a suit for damages accrued on the grounds of negligence. Plaintiff recovered and defendant prosecutes the appeal.
Three points are made for a reversal of the judgment : First, that the court authorized a recovery as for the loss of time when no averment touching that matter appears in the petition; and, second, without direct proof of the value of such loss—that is, earning capacity; and, third, because the verdict is excessive.
It appears that plaintiff was injured through the negligence of defendant in permitting its street car to run upon him in a public thoroughfare in St. Louis. As…
2Cases cited8 opinions
- Browning v. Wabash Western Railway Co.Supreme Court of Missouri · 1894
- Mellor v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Litton v. Chicago, Burlington & Quincy RailroadMissouri Court of Appeals · 1905
- Mabrey v. Cape Girardeau & Jackson Gravel Road Co.Missouri Court of Appeals · 1902
- Kelly v. RowaneMissouri Court of Appeals · 1889
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Reeves v. LutzMissouri Court of Appeals · 1913
- O'Hara v. Lamb Construction Co.Missouri Court of Appeals · 1918
- Bandy v. State Ex Rel. Board of Education of Sullivan CountyTennessee Supreme Court · 1948
- Albert v. St. Louis Electric Terminal Railway Co.Missouri Court of Appeals · 1915
- Carter v. Wabash RailrodMissouri Court of Appeals · 1916
5 more not listed; retrieve them via the Exa API.