Legal Opinion

Womach v. City of St. Joseph

Supreme Court of Missouri

Decided February 22, 1907PublishedCited by 74 opinions

Error to Buchanan Circuit Court. — Row. A. M. Wood-son, Judge. (1) The circuit court was of the opinion that Brown v. Railroad, 96 Mo. App. 164, controlled this case, and on its authority directed the nonsuit. In the Brown case the husband had joined his wife in the former action and was an aotual and proper party. The judgment was in form in his favor upon the same issue raised in the second case.

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Error to Buchanan Circuit Court. — Row. A. M. Wood-son, Judge. (1) The circuit court was of the opinion that Brown v. Railroad, 96 Mo. App. 164, controlled this case, and on its authority directed the nonsuit. In the Brown case the husband had joined his wife in the former action and was an aotual and proper party. The judgment was in form in his favor upon the same issue raised in the second case. He had the right to adopt the judgment in favor of himself and wife against the same defendant, which could not be allowed to say it had not contested the same issue with him. Harmon v. Auditor,…

1Opinion of the CourtLamm, J.

Plaintiff sued the city of St. Joseph for $10,000 damages, in that he had been and would be deprived of the society, companionship and services of his wife, Louisa Womach, was compelled to lay out large sums of money in taking care of and nursing his said wife>, and for medical attendance made necessary by injuries suffered by her through the negligence of defendant city, whereby her right arm was broken at the wrist and the optic nerve of her right eye was so injured that she became totally blind in that eye and the sight of her left eye was sympathetically injured and she had been rendered…

2Cases cited29 opinions

  1. Bertholf v. . O'ReillyNew York Court of Appeals · 1878
  2. Galveston v. KutacTexas Supreme Court · 1889
  3. Selleck v. City of JanesvilleWisconsin Supreme Court · 1899
  4. Donnell v. WrightSupreme Court of Missouri · 1899
  5. Stamp v. . FranklinNew York Court of Appeals · 1895

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3Cited by74 opinions

  1. State Hospital for Criminal Insane v. Consolidated Water Supply Co.Supreme Court of Pennsylvania · 1920
  2. State Ex Rel. Gott v. Fidelity & Deposit Co.Supreme Court of Missouri · 1927
  3. Wolff v. Du PuisOregon Supreme Court · 1963
  4. Holder v. Elms Hotel Co.Supreme Court of Missouri · 1936
  5. Haverhill v. International Railway Co.Appellate Division of the Supreme Court of the State of New York · 1926

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