Wells v. Missouri-Edison Electric Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Now. Horatio D. Wood, Judge. (1) The court erred in ruling of its own motion without the point being raised that the only question to be tried was the amount of damages. 1 Ohitty on Pleading, pp. 582-598 (14 Amer. Ed.), vol. 3,1151-1153; Boyden v. Moore, 5 Máss. 370. Opportunity for amendment should have been given.
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Appeal from St. Louis City Circuit Court. — Now. Horatio D. Wood, Judge. (1) The court erred in ruling of its own motion without the point being raised that the only question to be tried was the amount of damages. 1 Ohitty on Pleading, pp. 582-598 (14 Amer. Ed.), vol. 3,1151-1153; Boyden v. Moore, 5 Máss. 370. Opportunity for amendment should have been given. Clarke v. Lyon Co., 7 Nev. 75. (2) The appellant claims that the question of permanent damages and future pain- and mental anguish were disputed questions and the language of this instruction particularly the last clause assumed that…
1Opinion of the CourtReyburn, J.
— Plaintiff, a minor about twenty years of age, brought this action against defendant, a corporation operating an electric light plant and maintaining poles supporting electric wires erected on the public streets of the city of St. Louis, to recover for injury sustained by him, while a pedestrian on the sidewalk in the afternoon of June 6, 1903, caused by a metallic object, a mica insulator, which slipped from the grasp of defendant’s workman engaged in repairing overhead wires, on a pole near Papin and Eighteenth streets, and descending struck plaintiff on his head.
Defendant by its answer…
2Cases cited14 opinions
- Epperson v. Postal Telegraph Cable Co.Supreme Court of Missouri · 1900
- People v. HumphreyNew York Supreme Court · 1810
- Henslee v. CannefaxSupreme Court of Missouri · 1872
- City of St. Louis v. Laclede Gas Light Co.Supreme Court of Missouri · 1900
- Noble v. FagnantMassachusetts Supreme Judicial Court · 1894
9 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Barrie v. United Railways Co.Missouri Court of Appeals · 1909
- Williams v. Farm Bureau Mutual Insurance Co. of MissouriMissouri Court of Appeals · 1957
- Johnson v. Fire Assn. of Phila.Missouri Court of Appeals · 1949
- Reed v. Prudential Insurance Co.Missouri Court of Appeals · 1934
- Knight v. Firemen's InsuranceMissouri Court of Appeals · 1932
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