Moellman v. Gieze-Henselmeier Lumber Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Eon. George E. Shields, Judge. The vice of this instruction is that it allows recovery by plaintiff for loss of earnings in the future, and expenses for medicines, surgical or medical attention or care, and hospital service in the future, when the plaintiff did not allege future loss of earnings, nor future expenses in his petition; nor was there any evidence tending to show that there would be any necessity for medical treatment,…
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Appeal from St. Louis City Circuit Court. — Eon. George E. Shields, Judge. The vice of this instruction is that it allows recovery by plaintiff for loss of earnings in the future, and expenses for medicines, surgical or medical attention or care, and hospital service in the future, when the plaintiff did not allege future loss of earnings, nor future expenses in his petition; nor was there any evidence tending to show that there would be any necessity for medical treatment, medicines or hospital service in the future. Slaughter v. Railroad, 116 Mo. 269; Mellor v. Railroad, 105 Mo. 455; Coontz…
1Opinion of the CourtGoode, J.
Plaintiff fell down a hay chute in the loft of a barn belonging to the defendant company, fracturing his left knee cap — -an injury which proved to be serious and permanent. Plaintiff was employed by defendant in its lumber yard for various duties. He swore he was subject to the orders of the officials of the company or its foreman, Kelting, and did nearly all kinds of work. There was a two-story barn on the lumber yard, along which an exterior platform ran on a level with the floor of the second story. One day Kelting was on the platform endeavoring to thrust a screen dour through a door in…
2Cases cited12 opinions
- Mellor v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Finney v. BerrySupreme Court of Missouri · 1875
- Slaughter v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1893
- Minnier v. Sedalia, Warsaw & Southwestern Railway Co.Supreme Court of Missouri · 1902
- Munchow v. MunchowMissouri Court of Appeals · 1902
7 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Greenleaf v. Puget Sound Bridge & Dredging Co.Washington Supreme Court · 1961
- Prickett v. Sulzberger & Sons Co.Supreme Court of Oklahoma · 1916
- Shawnee Gas & Electric Co. v. HuntSupreme Court of Oklahoma · 1912
- Grattan v. SuedmeyerMissouri Court of Appeals · 1910
- Whitlock v. MungivenSupreme Court of Rhode Island · 1914
1 more not listed; retrieve them via the Exa API.