Moon v. St. Louis Transit Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. William M. Kinsey, Judge. (1) Plaintiff’s instructions 1, 2, 3 and 4 are erroneous for the . reason they assume plaintiff sustained injuries and damages, when these matters were dis-, puted issues of fact and should, therefore, have been hypothetically submitted to the jury. Davidson v. Transit Co., 211 Mo. 359; Plummer v. Milan, 70 Mo. App. 598; Evans v. Joplin, 76 Mo. App. 20; Fullerton v. Fordyce, 121 Mo. 13 ; Freeman y.
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Appeal from St. Louis City Circuit Court. — Hon. William M. Kinsey, Judge. (1) Plaintiff’s instructions 1, 2, 3 and 4 are erroneous for the . reason they assume plaintiff sustained injuries and damages, when these matters were dis-, puted issues of fact and should, therefore, have been hypothetically submitted to the jury. Davidson v. Transit Co., 211 Mo. 359; Plummer v. Milan, 70 Mo. App. 598; Evans v. Joplin, 76 Mo. App. 20; Fullerton v. Fordyce, 121 Mo. 13 ; Freeman y. Railroad, 95 Mo. App. 104; York v. Everton, 121 Mo. App. 640. (2) Plaintiff’s instructions 3 and 4 are erroneous for the…
1Opinion of the Court
BLAIR, C.
This is an appeal from a judgment of the circuit court of the city of St. Louis in an action for damages inflicted Avhen a carriage in which respondent and his wife were riding was struck by one of appellant’s cars. The facts .are stated in the opinion in Moon v. Transit Company, 237 Mo. 425. The nature of appellant’s assignments of error renders unnecessary a detailed statement in this case. Additional facts necessary to an understanding of the rulings complained of are stated in the course of the opinion. The errors assigned relate to rulings on instructions and the admission of…
Also in this document: Per curiam.
2Cases cited3 opinions
- Krehmeyer v. St. Louis Transit Co.Supreme Court of Missouri · 1909
- Hof v. St. Louis Transit Co.Supreme Court of Missouri · 1908
- Moon v. St. Louis Transit Co.Supreme Court of Missouri · 1911
3Cited by22 opinions
- Pryor v. WebberOhio Supreme Court · 1970
- Shea v. RettieMassachusetts Supreme Judicial Court · 1934
- Rogers v. JeffersonSupreme Court of Iowa · 1937
- Giambelluca v. Missouri Pacific Railroad CompanySupreme Court of Missouri · 1959
- Motts v. Michigan Cab Co.Michigan Supreme Court · 1936
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