Finley v. United Railways Co.
Supreme Court of Missouri
Appeal from St. Louis Circuit Court .- — Hon. Daniel D. Fisher, Judge. (1) The court erred in granting the defendant a new trial on the ground that the circuit court had no jurisdiction to try the case, because the circuit court had jurisdiction over the subject-matter. The petition states a case belonging to a general class over which the authority of the court extends, and if defendant had a legitimate defense it should have set it up in the answer.
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Appeal from St. Louis Circuit Court .- — Hon. Daniel D. Fisher, Judge. (1) The court erred in granting the defendant a new trial on the ground that the circuit court had no jurisdiction to try the case, because the circuit court had jurisdiction over the subject-matter. The petition states a case belonging to a general class over which the authority of the court extends, and if defendant had a legitimate defense it should have set it up in the answer. Padgett v. Smith, 206 Mo. 303; Tube Works Co. v. Ice Machine Co., 201 Mo. 301; Viertel v. Viertel, 212 Mo. 562; Coffee v. Groover, 20 Fla. 64;…
1Opinion of the CourtGraves, P. J.
This plaintiff sues the defendant for injuries to herself and to her underwear, Eton suit, and hat she was wearing at the time of accident. Damages were laid at the aggregate sum of $25,000. Itemized matters of damage, in addition to general damage, are (1) hospital bill, $71.70, (2) nurse hire, $39.40 and $80, (3') ambulance hire, $10', (4) doctor’s bill, $320, (5) to glasses for eyes owing to injuries thereto, $35, and (6) for injuries to her underwear, Eton suit and hat, $65.
Defendant is charged (1) with a violation of the Vigilant Watch ordinance of the city of St. Louis, and (2) with a…
2Cases cited4 opinions
- State ex rel. St. Louis Dressed Beef & Provision Co. v. NixonSupreme Court of Missouri · 1911
- Smoot v. Kansas CitySupreme Court of Missouri · 1906
- Heinz v. United Railways Co.Missouri Court of Appeals · 1909
- Slattery v. City of St. LouisSupreme Court of Missouri · 1894
3Cited by10 opinions
- Kleinlein v. FoskinSupreme Court of Missouri · 1929
- Laycock v. United Railways Co.Supreme Court of Missouri · 1921
- O'Brien v. Vandalia Bus Lines, Inc.Supreme Court of Missouri · 1943
- Burnison v. SoundersMissouri Court of Appeals · 1931
- Leingang v. Geller, Ward & Hasner Hardware Co.Supreme Court of Missouri · 1934
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