Torreyson v. United Railways Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Mon. Matt G. Reynolds, Judge. (1) Plaintiff’s instruction No. 2 is erroneous in that it assumes plaintiff was injured, and that she suffered mental and physical pain as a result thereof. These matters were disputed issues of fact and should have been submitted hypothetically to the jury. Plum-mer y. Milan, 70 Mo. App. 598; Evans v. Joplin, 76 Mo. App. 22; Fullerton v. Fordyce, 121 Mo. 13; Freeman v. Railroad, 95 Mo.
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Appeal from St. Louis City Circuit Court. — Mon. Matt G. Reynolds, Judge. (1) Plaintiff’s instruction No. 2 is erroneous in that it assumes plaintiff was injured, and that she suffered mental and physical pain as a result thereof. These matters were disputed issues of fact and should have been submitted hypothetically to the jury. Plum-mer y. Milan, 70 Mo. App. 598; Evans v. Joplin, 76 Mo. App. 22; Fullerton v. Fordyce, 121 Mo. 13; Freeman v. Railroad, 95 Mo. App. 104. (2) The court erred in admitting, over defendant’s objections, testimony for plaintiff tending to prove she gave attention to…
1Opinion of the CourtKennish, J.
This cause was transferred to this court by the St. Louis Court of' Appeals, for the reason, as stated, that the judges of said Court of Appeals deemed the decision rendered therein contrary to two former decisions of the Kansas City Court of Appeals, which decisions are cited in the opinion hereinafter set out.
The decision upon which the cause was certified to this court we set.forth in extenso, as follows:
“The appeal in this cause was prosecuted to this •court but was thereafter transferred by it to the Springfield Court of Appeals under the provisions of an act of the Legislature, approved…
2Cases cited15 opinions
- Eppstein v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1906
- State v. RuckSupreme Court of Missouri · 1906
- Gayle v. Missouri Car & Foundry Co.Supreme Court of Missouri · 1903
- Chilton v. City of St. JosephSupreme Court of Missouri · 1898
- State v. PhillipsSupreme Court of Missouri · 1911
10 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Pandjiris v. Oliver Cadillac Co.Supreme Court of Missouri · 1936
- Rockenstein v. RogersSupreme Court of Missouri · 1930
- Cullen v. JohnsonSupreme Court of Missouri · 1930
- Hoelker v. American PressSupreme Court of Missouri · 1927
- Burke v. Shaw Transfer Co.Missouri Court of Appeals · 1922
6 more not listed; retrieve them via the Exa API.