Esque v. United Railways Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. J. Hugo Grimm, Judge. (1) The court erred in giving plaintiff’s instruction No. 4, in that it was error to authorize plaintiff to recover “compensation for time (if any) plaintiff himself was compelled to spend in attending and caring for his said wife, by reason of said injuries.” (a) Because there was no proof that plaintiff suffered any damage as a result of spending time in attending and caring for his wife.
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Appeal from St. Louis City Circuit Court. — Hon. J. Hugo Grimm, Judge. (1) The court erred in giving plaintiff’s instruction No. 4, in that it was error to authorize plaintiff to recover “compensation for time (if any) plaintiff himself was compelled to spend in attending and caring for his said wife, by reason of said injuries.” (a) Because there was no proof that plaintiff suffered any damage as a result of spending time in attending and caring for his wife. Morris v. Railroad, 144 Mo. 500; Gibney v. Transit Co., 204 Mo. 722. (b) Because there was no proof of the value of such services.…
1Opinion of the CourtReynolds, P. J.
Plaintiff, the husband of Mrs. Elizabeth Esque, brought his action against the defendant street railway company, the petition as amended charging that the defendant, unmindful of its duty to safely carry the wife of plaintiff as a passenger, and in violation of its contract so to do, so carelessly and negligently conducted itself in the premises that “by an unusual, sudden and extraordinary jerk in starting and thereupon instantly stopping” the car upon which plaintiff’s wife was a passenger, the wife, *320by this negligence and carelessness and want of skill of defendant’s agents in charge of…
2Cases cited11 opinions
- Murray v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
- Blair v. Chicago & Alton RailroadSupreme Court of Missouri · 1886
- Smith v. Chicago & Alton RailroadSupreme Court of Missouri · 1891
- Gibney v. St. Louis Transit Co.Supreme Court of Missouri · 1907
- Smith v. City of St. JosephSupreme Court of Missouri · 1874
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3Cited by4 opinions
- Girratono v. Kansas City Public Service Co.Supreme Court of Missouri · 1952
- Bruce v. United Railways Co.Missouri Court of Appeals · 1913
- Gillen v. HaleyMissouri Court of Appeals · 1914
- Thompson v. United Railways Co.Missouri Court of Appeals · 1920