Smoot v. Kansas City
Supreme Court of Missouri
Appeal from Pettis Circuit Court. — Row. George F. Longan, Judge. (1) The court erred in giving instruction 4 upon the part of respondent, because said instruction disregards the prayer for damages in respondent’s petition, because it permits respondent to recover for loss from his means of livelihood without any limitation as to the amount when the petition places the same at $250, and permits a recovery for surgeon’s hire for $350, when the petition limits the same to…
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Appeal from Pettis Circuit Court. — Row. George F. Longan, Judge. (1) The court erred in giving instruction 4 upon the part of respondent, because said instruction disregards the prayer for damages in respondent’s petition, because it permits respondent to recover for loss from his means of livelihood without any limitation as to the amount when the petition places the same at $250, and permits a recovery for surgeon’s hire for $350, when the petition limits the same to $200. Maupin v. Triplett, 5 Mo. 423; Hay ton v. Hope, 3 Mo. 54; Til-ford v. Ramsey, 43 Mo. 410; Pope v. Salsman, 35 Mo. 362;…
1Opinion of the CourtFox, J.
This cause is here upon appeal from a judgment of the Pettis Circuit Court against defendant in the sum of five thousand dollars. The amended petition, upon which this proceeding rests,- was filed at the May term, 1902, of the Pettis; Circuit Court, and is as follows:
“For cause of action against defendant, plaintiff states that on July 25th, 1900, and at all times herein mentioned, defendant was and still is a municipal corporation of the first class, of the State of Missouri, organized and existing under a special charter as by law provided, with all the powers, privileges, and liabilities…
2Cases cited14 opinions
- Finney v. BerrySupreme Court of Missouri · 1875
- Chitty v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1899
- Burdict v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
- Furnish v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
- Loyd v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1873
9 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- Smith v. Kansas City Public Service Co.Supreme Court of Missouri · 1931
- Smart v. Kansas CitySupreme Court of Missouri · 1907
- Kleinlein v. FoskinSupreme Court of Missouri · 1929
- Missouri, O. & G. Ry. Co. v. CollinsSupreme Court of Oklahoma · 1915
- Shinn v. United Railways Co.Supreme Court of Missouri · 1913
39 more not listed; retrieve them via the Exa API.