Bethel v. City of St. Joseph
Missouri Court of Appeals
Appeal from Buchanan Circuit Court. — Ho#. G. II. Mayer,. Judge. (1) Plaintiff’s instruction number 4 should have been refused, because including an instruction as to the law regarding future injuries when the evidence does not show that there is any reasonable certainty of any such injuries. Wilkerson v. Met. St. Ry. Co., 126 Mo. App. 617; Ballard v. Kansas City, 110 Mo. App. 396; Klass v. Street Railway, 1691 Mo. App. 617; Allen v. Lumber Co., 171 Mo.
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Appeal from Buchanan Circuit Court. — Ho#. G. II. Mayer,. Judge. (1) Plaintiff’s instruction number 4 should have been refused, because including an instruction as to the law regarding future injuries when the evidence does not show that there is any reasonable certainty of any such injuries. Wilkerson v. Met. St. Ry. Co., 126 Mo. App. 617; Ballard v. Kansas City, 110 Mo. App. 396; Klass v. Street Railway, 1691 Mo. App. 617; Allen v. Lumber Co., 171 Mo. App. 492. (2) The instruction does not limit futnre pain and mental anguish to that shown by the evidence. Albin v. Railroad, 103 Mo. App.…
1Opinion of the CourtTrimble, J.
Plaintiff, a boy about sixteen years of age, was engaged in carrying parcels from a store to its various customers throughout the city of St. Joseph. He did this on a bicycle.
On the 29th day of October, 1913, between six and seven in the evening he was going east on Felix street when his wheel ran into a defect in the street throwing him to the ground and injuring him. By his next friend he brought this suit to recover damages.
It is first contended that the city’s demurrer to the evidence should have been sustained and the case taken from the jury. But this is clearly without merit. It was…
2Cases cited9 opinions
- Doherty v. Inhabitants of AyerMassachusetts Supreme Judicial Court · 1908
- Molway v. City of ChicagoIllinois Supreme Court · 1909
- Kelsey v. Town of GloverSupreme Court of Vermont · 1843
- Holland v. BartchIndiana Supreme Court · 1889
- Richardson v. Inhabitants of DanversMassachusetts Supreme Judicial Court · 1900
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3Cited by7 opinions
- Chambers v. City of Kansas CitySupreme Court of Missouri · 1969
- Beebe v. Kansas City, MissouriMissouri Court of Appeals · 1929
- Fletcher v. City of AberdeenWashington Supreme Court · 1959
- Williams Ex Rel. Williams v. Kansas CitySupreme Court of Missouri · 1955
- Beebe Ex Rel. Beebe v. Kansas CitySupreme Court of Missouri · 1931
2 more not listed; retrieve them via the Exa API.