Flannery v. St. Louis, Iron Mountain & Southern Railway Co.
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Leroy B. Valliant, Judge. (1) The court erred in admitting the testimony of plaintiff’s wife, over defendant’s objection. Kennedy r>. Kennedy, 57 Mo. 77; Haerle v. KreiTin, 65 Mo. 205; Mfg. Co. v. Tinsley, 75 Mo. 459. (2) The court erred in refusing to give the instructions asked by defendant.
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Appeal from the St. Louis City Circuit Court. — Hon. Leroy B. Valliant, Judge. (1) The court erred in admitting the testimony of plaintiff’s wife, over defendant’s objection. Kennedy r>. Kennedy, 57 Mo. 77; Haerle v. KreiTin, 65 Mo. 205; Mfg. Co. v. Tinsley, 75 Mo. 459. (2) The court erred in refusing to give the instructions asked by defendant. Palmer v. Railroad, 76 Mo. 222 ; Kenney v. Railroadr 70 Mo. 248. (3) The court erred in giving the instructions it did, at plaintiff ’ s instance. Wilburn v. Railroad, 36 Mo. App. 215; DeSteiger v. Railroad, 73 Mo. 33; Kenney v. Railroad, 63 Mo. 101;…
1Opinion of the CourtBiggs, J.
The plaintiff claimed in his petition that, on the seventh day of May, 1889, the building in. which he resided was destroyed by fire, negligently communicated from one of defendant’s locomotives and that the plaintiff’s household goods and wearing-apparel, of the alleged value of $252, were consumed. The verdict of the jury was in plaintiff’s favor in the sum of $263.90, and the court rendered judgment for-that amount. The defendant has appealed the case.
I. The court instructed that the plaintiff was entitled to interest on the damage sustained. This was error. The plaintiff concedes this,…
2Cases cited3 opinions
- White v. ChaneyMissouri Court of Appeals · 1886
- Wheeler & Wilson Manufacturing Co. v. TinsleySupreme Court of Missouri · 1882
- Haerle v. KreihnSupreme Court of Missouri · 1877
3Cited by5 opinions
- Fishback v. HarrisonMissouri Court of Appeals · 1909
- Gardner v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1907
- Taylor v. GeorgeMissouri Court of Appeals · 1913
- Ford v. GrayMissouri Court of Appeals · 1908
- The Senaca Co. v. EllisonMissouri Court of Appeals · 1919