Moses v. Klusmeyer
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court — Hon. Wilson A. Taylor, Judge. (1) Plaintiff’s instruction No. 2; on the measure of damages, is erroneous because it permits a recovery for past “lost time,” without any suitable allegation in the petition, and without any evidence of loss of time or of the value thereof. Slaughter v. Eailroad, 116 Mo. 269; Mellor v. Eailroad, 105 Mo. 455; Coontz v. Eailroad, 115 Mo. 569; Bartley v. Trorlicht, 49 Mo.
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Appeal from St. Louis City Circuit Court — Hon. Wilson A. Taylor, Judge. (1) Plaintiff’s instruction No. 2; on the measure of damages, is erroneous because it permits a recovery for past “lost time,” without any suitable allegation in the petition, and without any evidence of loss of time or of the value thereof. Slaughter v. Eailroad, 116 Mo. 269; Mellor v. Eailroad, 105 Mo. 455; Coontz v. Eailroad, 115 Mo. 569; Bartley v. Trorlicht, 49 Mo. App. 214; Impkamp v. Transit Co., 108 Mo. App. 655; Paquin v. Eailroad, 90 Mo. App. 118. (2) Plaintiff was guilty of contributory negligence as matter of…
1Opinion of the CourtReynolds, P. J.
Action by plaintiff, respondent here, against the defendant, appellant, for damages to his person, resulting from a collision between a motorcycle, on which plaintiff was riding at the time, and an automobile, driven at the time by defendant, the accident occurring on January 1,1913, at the intersection of Washington boulevard with Euclid avepue in the city of St. Louis.
The petition, after setting out the accident and the injuries sustained by plaintiff, contains this averment as to the measure of damages:
*637“Plaintiff further says that by reason of said injuries he suffered great pain and…
2Cases cited6 opinions
- Mellor v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Steele v. Kansas City Southern Railway Co.Supreme Court of Missouri · 1915
- Slaughter v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1893
- Scholl v. GraysonMissouri Court of Appeals · 1910
- Bartley ex rel. Bartley v. TrorlichtMissouri Court of Appeals · 1892
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Rowe v. U.R. Co. of St. LouisMissouri Court of Appeals · 1922
- Small v. KielCourt of Appeals for the Eighth Circuit · 1939