Loe v. Chicago, Rock Island & Pacific Railway Co.
Missouri Court of Appeals
Appeal from the Grundy Circuit Court. — Hon. Paeis C. Stepp, Judge. (1) The court erred in giving plaintiff’s second instruction, [for the reason that there was neither allegation nor proof of plaintiff’s “loss of time” nor of the value of'his time. Jesse v. Shuck, 12 8. W. Rep. (Ky.) 304; Leeds v. Railroad, 90 N. Y. 26^ Stoal v. Railroad, 31 Am. and Eng. R. R. Cases, 21; Crotoley v. Railroad, 24 Mo.
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Appeal from the Grundy Circuit Court. — Hon. Paeis C. Stepp, Judge. (1) The court erred in giving plaintiff’s second instruction, [for the reason that there was neither allegation nor proof of plaintiff’s “loss of time” nor of the value of'his time. Jesse v. Shuck, 12 8. W. Rep. (Ky.) 304; Leeds v. Railroad, 90 N. Y. 26^ Stoal v. Railroad, 31 Am. and Eng. R. R. Cases, 21; Crotoley v. Railroad, 24 Mo. App. 119-123; Campbell v. Alston, 23 S. W. Rep. 33; Rhodes v. City of Nevada, 47 Mo. App. 499; Slaughter v. Railroad/, 23 S. W. Rep. (Mo.) 76. Besides which, such damages are special and must be…
1Opinion of the CourtEllison, J.
— The plaintiff, an employee, obtained judgment in the trial court for personal injuries received on account of the alleged negligence of the defendant. The immediate act of negligence was the act of - three of the defendant’s servants working with the plaintiff at the time of the accident. These three men were Swedes who were unacquainted with the English language and in consequence, as is charged, were unfitted for the nature of the work which the defendant had the plaintiff and them and others engaged in performing; that they were likewise incompetent, reckless and otherwise unfit. The…
2Cases cited4 opinions
- Mellor v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Murray v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
- Coontz v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1893
- Rhodes v. City of NevadaMissouri Court of Appeals · 1892
3Cited by4 opinions
- State ex rel. United Railways Co. v. ReynoldsSupreme Court of Missouri · 1914
- Nelson v. United Railways Co.Missouri Court of Appeals · 1913
- Allen v. MooreSupreme Court of Vermont · 1938
- Sayers v. CravenMissouri Court of Appeals · 1904