Keen v. St. Louis, Iron Mountain & Southern Railroad
Missouri Court of Appeals
Appeal from Stoddard Circuit Court. — Eon. James L. Fort, Judge. (1) The court erred in admitting testimony as to the loss of salary suffered by plaintiff, for the reason that there is no averment in the petition as to any loss of earnings. Paquin v. Railroad, 90 Mo. App. 118; Slaughter v. Railroad, 116 Mo. 269; Mellor y. Railroad, 105 Mo. 455; Coontz y.
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Appeal from Stoddard Circuit Court. — Eon. James L. Fort, Judge. (1) The court erred in admitting testimony as to the loss of salary suffered by plaintiff, for the reason that there is no averment in the petition as to any loss of earnings. Paquin v. Railroad, 90 Mo. App. 118; Slaughter v. Railroad, 116 Mo. 269; Mellor y. Railroad, 105 Mo. 455; Coontz y. Railroad, 115 Mo. 669. (2) The court also erred in permitting the admission in evidence, and the exhibition to the jury, of the shirt which the plaintiff wore at the time of. the injury. Rost v. Railroad, 10 N. Y. App. 477; Railroad v.…
1Opinion of the CourtGoode, J.
According to the testimony for this plaintiff he was assaulted by a brakeman on one of defendant’s trains on which plaintiff was a passenger, beaten and bruised and thrown from the train. The incident occurred at Sikeston, July 25, 1905. Plaintiff, who is a commercial traveler, purchased a ticket at Sikeston for a ride to Charleston. The train on which he expected to travel and which carried passengers, was a mixed train, part freight and part passenger. The rear car was a passenger coach, or rather a coach which carried expressed goods in one division and passengers in the other. Plaintiff…
2Cases cited9 opinions
- State v. WienersSupreme Court of Missouri · 1877
- Farber v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1893
- Hatfield v. St. Paul & Duluth RailroadSupreme Court of Minnesota · 1885
- State v. BuchlerSupreme Court of Missouri · 1890
- Gurley v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
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3Cited by10 opinions
- Chism v. CowanSupreme Court of Missouri · 1967
- Wilson v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1912
- Priest v. F. W. Woolworth Five & Ten Cent StoreMissouri Court of Appeals · 1933
- Hoeffen v. Columbia Taxicab Co.Missouri Court of Appeals · 1913
- Kennedy v. Van HornSupreme Court of Oklahoma · 1919
5 more not listed; retrieve them via the Exa API.