Moyes v. St. Louis, Iron Mountain & Southern Railroad
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. George H. Shields, Judge. The court erred in giving plaintiff’s instruction number 8, directing the. jury, in awarding damages, to consider the physical condition and earning capacity of the deceased. Young v. Railroad, 227 Mo. 307; Casey v. Railroad, 205 Mo. 721; Childress v. Railroad, 141 Mo. App. 667; Potter v. Railroad, 136 Mo.
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Appeal from St. Louis City Circuit Court. — Hon. George H. Shields, Judge. The court erred in giving plaintiff’s instruction number 8, directing the. jury, in awarding damages, to consider the physical condition and earning capacity of the deceased. Young v. Railroad, 227 Mo. 307; Casey v. Railroad, 205 Mo. 721; Childress v. Railroad, 141 Mo. App. 667; Potter v. Railroad, 136 Mo. App. 143. • Physical condition, age and earning capacity are proper for consideration in arriving at amount of verdict. The jury were instructed the amount to be assessed was a “penalty.” Appellants did not object to…
1Opinion of the CourtCaulfield, J.
This is concededly a suit to recover under section 2864, Revised Statutes of 1899, amended by the laws of 1905, for the death of plaintiff’s intestate, 'William E. Simmons. The suit was originally brought against three corporations, but plaintiff suffered a nonsuit as to one of them, the Chicago & Alton Railroad Company. She did, however, recover judgment for five thousand dollars *463against the other two, the St. Lonis, Iron Mountain & Southern Railway Company and Terminal Railroad Association of St. Louis, and they have duly prosecuted their appeal therefrom to this court.
The defendants assign…
2Cases cited7 opinions
- Richmond & Danville Railroad v. FreemanSupreme Court of Alabama · 1892
- Barnett v. Atlantic & Pacific RailroadSupreme Court of Missouri · 1878
- 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
- Childress v. Southwest Missouri RailroadMissouri Court of Appeals · 1910
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