Legal Opinion

McKenzie v. United Railways Co.

Missouri Court of Appeals

Decided May 5, 1914Published

Appeal from St. Louis City Circuit Court.—Hon. Hugo Muench; Judge. The court erred in giving the instruction for plaintiff on the measure of damages. Sidles v. Railroad, 130 Mo. App. 168 ; Hinds v. City of Marshall, 22 Mo. App. 215.

1Opinion of the CourtNortoni, J.

This is a suit for damages accrued to plaintiff on account of personal injuries received through defendant’s negligence. Plaintiff recovered and defendant prosecutes the appeal.

It appears plaintiff, a passenger on one of defendant’s street cars, was injured through the premature starting of the car while she was in the act of alighting therefrom. Plaintiff’s injuries are not only serious, but the evidence tends to prove they are permanent as well. Plaintiff is a single woman, that is, a widow, aged about fifty-eight years, at the time of receiving her injury.

The only argument advanced for a…

2Cases cited5 opinions

  1. Russell v. Inhabitants of ColumbiaSupreme Court of Missouri · 1881
  2. Phelps v. City of SalisburySupreme Court of Missouri · 1901
  3. Hinds v. City of MarshallMissouri Court of Appeals · 1886
  4. Ward v. SteffenMissouri Court of Appeals · 1901
  5. Skiles v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1908

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