Nicholas v. Kelley
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. George H. Shields, Judge. Plaintiff, if entitled to recover at all, was entitled to recover only under sec. 5427, Gen’l Stats. Mo. 1909, on account of the death of her son, and not a penal sum. The damages should have been limited to nominal damages only. If plaintiff was entitled to more than nominal damages the damages assessed are excessive.
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Appeal from St. Louis City Circuit Court. — Hon. George H. Shields, Judge. Plaintiff, if entitled to recover at all, was entitled to recover only under sec. 5427, Gen’l Stats. Mo. 1909, on account of the death of her son, and not a penal sum. The damages should have been limited to nominal damages only. If plaintiff was entitled to more than nominal damages the damages assessed are excessive. Section 8523 is not applicable to an owner not “in control” of the automobile and the court erred in imposing more than ordinary care in the instructions. (1) The sentence “then damages for such injury…
1Opinion of the CourtNortoni, J.
This is a suit for damages accrued on account of the death of plaintiff’s intestate. Plaintiff recovered and defendant prosecutes the appeal.
Plaintiff is administratrix of the estate of her son Joseph C. Nicholas, deceased, who came to his death on the 17th day of May, 1909, through being run upon and killed by defendant’s automobile at the intersection of Sarah street and Westminster Place in the City of St. Louis. At the time of his death, decedent was about thirty-two years of age and an unmarried man without children, either natural born or adopted, and plaintiff prosecutes the suit as…
2Cases cited6 opinions
- Cearfoss v. StateCourt of Appeals of Maryland · 1875
- Casey v. St. Louis Transit Co.Missouri Court of Appeals · 1905
- Young v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1910
- Casey v. St. Louis Transit Co.Supreme Court of Missouri · 1907
- Western Union Telegraph Co. v. AxtellIndiana Supreme Court · 1879
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Hay v. HamMissouri Court of Appeals · 1962
- Jones v. Prudential Insurance Co. of AmericaMissouri Court of Appeals · 1913
- Hawkins v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1914
- Johnson v. Dixie Mining & Development Co.Missouri Court of Appeals · 1913
- State ex rel. Danforth v. European Health Spa, Inc.Missouri Court of Appeals · 1980
5 more not listed; retrieve them via the Exa API.