Smith v. Chicago & Alton Railroad
Supreme Court of Missouri
Appeal from Randolph Circuit Court. — Hon. John A. Hockaday, Judge. (1) It was error to permit the plaintiff to give evidence of loss of time and wages, for such loss was not claimed in her petition. State, etc., v. Blaclman, 51 Mo. 319; Brown v. Bailroad, 99 Mo. 310. Consequently, instruction number 6 given for plaintiff telling the jury to allow her for loss of time is error.
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Appeal from Randolph Circuit Court. — Hon. John A. Hockaday, Judge. (1) It was error to permit the plaintiff to give evidence of loss of time and wages, for such loss was not claimed in her petition. State, etc., v. Blaclman, 51 Mo. 319; Brown v. Bailroad, 99 Mo. 310. Consequently, instruction number 6 given for plaintiff telling the jury to allow her for loss of time is error. Smith v. Rail-road, 108 Mo. 243, and cases there cited; Waddingham v. Rulett, 92 Mo. 528. Before the plaintiff could have been entitled to this instruction, she should have amended her petition. Rutledge v. Railroad,…
1Opinion of the Court
Black,-P. J.
The plaintiff, Mrs. Smith, and her son, fifteen or sixteen years old, were passengers on one of the defendant’s trains from Odessa east to Higbee, both way stations. 'The local cars in the train were crowded, and the plaintiff and her son took seats in the rear coach designed for through passengers, pursuant to the orders of the conductor. When the train reached a station called Yates, she and her son attempted to go to a forward car, and in making the attempt she fell from the car platform, receiving the injuries of which she complains.
The petition is in two counts. The first…
2Cases cited4 opinions
- Russ v. Wabash Western Railway Co.Supreme Court of Missouri · 1892
- Smith v. Chicago & Alton RailroadSupreme Court of Missouri · 1891
- City of Bloomington v. ChamberlainIllinois Supreme Court · 1882
- Luck v. City of RiponWisconsin Supreme Court · 1881
3Cited by15 opinions
- Britton v. City of St. LouisSupreme Court of Missouri · 1894
- Wilbur v. Southwest Missouri Electric Railway Co.Missouri Court of Appeals · 1905
- Gurley v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
- Shaw v. Southern Pacific R.R. Co.California Supreme Court · 1910
- Lesser v. St. Louis & Suburban Railway Co.Missouri Court of Appeals · 1900
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