Zumault v. Kansas City & Independence Air Line
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. J. H. Slover, Judge. (1) It was error to include in the instructions 5 and 6 asked by plaintiff and given by the court, as to damages, any language that would permit the jury to allow for loss of time or for medical attendance, hospital bills, etc., when there was no proof thereof. Mammerburg v. B’y, 62 Mo. App. 568; Madden v. B’y, 50 Mo.
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Appeal from the Jackson Circuit Court. — Hon. J. H. Slover, Judge. (1) It was error to include in the instructions 5 and 6 asked by plaintiff and given by the court, as to damages, any language that would permit the jury to allow for loss of time or for medical attendance, hospital bills, etc., when there was no proof thereof. Mammerburg v. B’y, 62 Mo. App. 568; Madden v. B’y, 50 Mo. App. 666. (2) The ordinance offered by plaintiff attempted to limit the speed of trains by imposing a penalty upon the person actually operating the trains, and did not, directly or inferentially, apply to the…
1Opinion of the CourtSmith, P. J.
This is an action to recover damages for personal injuries alleged to have been received by the plaintiff in consequence of the negligence of the defendant. The plaintiff had judgment and the defendant appealed. The errors complained of arise out of the action of the trial court in the giving and refusing of instructions.
During the progress of the trial the plaintiff, to maintain the issue in his behalf, introduced in evidence an ordinance of Kansas City which declares that “no conductor, engineer or fireman, brakeman or other person shall move or cause to be moved, any locomotive, tender or…
2Cases cited11 opinions
- Burg v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1894
- City of St. Louis v. WeberSupreme Court of Missouri · 1869
- Evison v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of Minnesota · 1891
- v. MeeksSupreme Court of Missouri · 1885
- City of Lamar v. WeidmanMissouri Court of Appeals · 1894
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3Cited by5 opinions
- Neary v. Northern Pacific Railway Co.Montana Supreme Court · 1910
- Brown v. Alton R.R. Co. and SlatterMissouri Court of Appeals · 1941
- Murrell v. Kansas City, St. Louis & Chicago RailroadSupreme Court of Missouri · 1919
- Lusk v. Town of DoraDistrict Court, N.D. Alabama · 1915
- City of Plattsburg v. HagenbushMissouri Court of Appeals · 1903