McNeil v. City of Cape Girardeau
Missouri Court of Appeals
Appeal from Cape Girardeau Court of Common Pleas. —Eon. Robert Q-. Ranney, Judge. (1) The'court erred in admitting incompetent testimony concerning the sidewalk. Smart v. Kansas City, 91 Mo. 594; Stout v. Columbia, 118 Mo. App. 444; Calcaterra v. Iovaldi, 123 Mo. App. 347; Goble v. Kansas City, 148 Mo. 470. (2) To submit an instruction not supported by evidence is error and if damages are asked for loss of earning or profits, evidence as to its value must be submitted.
Read the full summary
Appeal from Cape Girardeau Court of Common Pleas. —Eon. Robert Q-. Ranney, Judge. (1) The'court erred in admitting incompetent testimony concerning the sidewalk. Smart v. Kansas City, 91 Mo. 594; Stout v. Columbia, 118 Mo. App. 444; Calcaterra v. Iovaldi, 123 Mo. App. 347; Goble v. Kansas City, 148 Mo. 470. (2) To submit an instruction not supported by evidence is error and if damages are asked for loss of earning or profits, evidence as to its value must be submitted. Duke v. Eailroad, 99 Mo. 347; Slaughter v. Eailroad, 116 Mo. 274; O’Brien v. Loomis, 43 Mo. App. 29; Mammemberg v. Kailway,…
1Opinion of the CourtCox, J.
Action for damages caused by a fall upon the sidewalk on the east side of Lorimer street in defendant city. Judgment for plaintiff for two thousand dollars, and defendant has appealed.
The allegation of the petition is that plaintiff was tripped and caused to fall by a loose board in the walk as a result of which her left arm was broken, and alleged damages resulting from said injuries as follows:
“She has suffered great pain of body and anguish of mind and will continue to suffer pain in the future, and that the fracture of the bones of her said left arm has caused said arm to be permanently…
2Cases cited8 opinions
- Davidson v. St. Louis Transit Co.Supreme Court of Missouri · 1908
- Slaughter v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1893
- Perrigo v. City of St. LouisSupreme Court of Missouri · 1904
- Cullar v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1900
- O'Brien v. LoomisMissouri Court of Appeals · 1890
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Wolfe v. Kansas CitySupreme Court of Missouri · 1934
- Texas P. Ry. Co. v. PerkinsCourt of Appeals of Texas · 1926
- Campbell v. City of ChillicotheMissouri Court of Appeals · 1914
- McNeil v. City of Cape GirardeauMissouri Court of Appeals · 1911
- Texas & P. Ry. Co. v. PerkinsCourt of Appeals of Texas · 1926
1 more not listed; retrieve them via the Exa API.