Legal Opinion

Smith v. St. Louis Transit Co.

Missouri Court of Appeals

Decided October 20, 1908PublishedCited by 2 opinions

Appeal from St. Louis City Circuit Court. — -Non.. Geo. H. Shields, Judge. (1) Because in the second paragraph an award of damages is authorized for any loss of earnings which plaintiff has “suffered, or will suffer by reason of his injuries,” while the evidence does not show, directly or indirectly, that plaintiff has lost or will lose any of the earnings of his labor on account of his injuries. Slaughter v. Railroad, 116 Mo. 274; Stafford v. Adams, 113 Mo.

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Appeal from St. Louis City Circuit Court. — -Non.. Geo. H. Shields, Judge. (1) Because in the second paragraph an award of damages is authorized for any loss of earnings which plaintiff has “suffered, or will suffer by reason of his injuries,” while the evidence does not show, directly or indirectly, that plaintiff has lost or will lose any of the earnings of his labor on account of his injuries. Slaughter v. Railroad, 116 Mo. 274; Stafford v. Adams, 113 Mo. App. 725. (2) Because said paragraph authorizes an award of damages for any loss of earnings “suffered” by plaintiff, when there is no…

1Opinion of the CourtGoode, J.

This plaintiff recovered a judgment of two thousand dollars against the defendant company for the fracture of his arm. The accident occurred on July 25,1904. Plaintiff was on said date a passenger on one of defendant’s west-bound cars on Market street. He was seated on the south side of the car, nest to a window with his elbow resting on the window sill. According to the petition his elbow projected two inches outside the car he was in and a car passing in the opposite direction on a parallel track struck his elbow and broke the arm. *204The main propositions involved in the case were considered…

2Cases cited5 opinions

  1. Mann v. SchroerSupreme Court of Missouri · 1872
  2. Fleenor v. TaggartIndiana Supreme Court · 1888
  3. Cook v. RedmanMissouri Court of Appeals · 1891
  4. Smith v. St. Louis Transit Co.Missouri Court of Appeals · 1906
  5. Wheeler v. Monett Milling Co.Missouri Court of Appeals · 1898

3Cited by2 opinions

  1. Hilderbrand v. AndersonMissouri Court of Appeals · 1954
  2. Philip Gruner & Bros. Lumber v. Hartshorn-Barber Realty & Building Co.Missouri Court of Appeals · 1913

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