Tandy v. St. Louis Transit Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — How. D. D. Fisher, Judge. The instruction is erroneous, because it is based on the petition and absolutely disregards the evidence, and also because it fails to limit the recovery of damages for medical services, and so forth, to the time of the filing of petition, in which only damages for past medical attention was claimed. That an instruction should be based on the evidence, is elementary. 2 Encyc.
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Appeal from St. Louis City Circuit Court. — How. D. D. Fisher, Judge. The instruction is erroneous, because it is based on the petition and absolutely disregards the evidence, and also because it fails to limit the recovery of damages for medical services, and so forth, to the time of the filing of petition, in which only damages for past medical attention was claimed. That an instruction should be based on the evidence, is elementary. 2 Encyc. Pleading and Practice, p 128; Blashfield on Instructions, sec. 86; Och v. Railroad, 130 Mo. 27; State v. Tull, 119 Mo. 422. Special damages not…
1Opinion of the CourtFox, J.
0This cause was transferred to Court in Banc from Division One of this court.
The opinion in Division One, by the esteemed tand learned judge, fairly and accurately states the facts, in the cause, as well as the legal questions involved in it, and with his permission I adopt the statement of the case, as made in that opinion, which is as follows:
“The petition states in substance that plaintiffs wife was a passenger on one of defendant’s street cars; that the car stopped to allow her to alight and while she was in the act of doing so, but before she had time to alight, the servants of defendant…
2Cases cited1 opinion
- Gabbert v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1902
3Cited by8 opinions
- Partello v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1909
- Radtke v. St. Louis Basket & Box Co.Supreme Court of Missouri · 1910
- Dickey v. HolmesSupreme Court of Missouri · 1907
- Heinz v. United Railways Co.Missouri Court of Appeals · 1909
- State v. CampbellSupreme Court of Missouri · 1908
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