Duke v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from Lafayette Circuit Court. — Hon. J. P. Strother, Judge. (1) The instructions of- the court, given on behalf of plaintiff, submit to the jury the question of expense —of professional services, physicians, nurses, drugs and medicines — when there was absolutely no evidence that plaintiff ever paid a cent, or became liable to pay a cent, for the above-named items mentioned in the instruction. Such an instruction is improper. White v>. Chaney, 20 Mo.
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Appeal from Lafayette Circuit Court. — Hon. J. P. Strother, Judge. (1) The instructions of- the court, given on behalf of plaintiff, submit to the jury the question of expense —of professional services, physicians, nurses, drugs and medicines — when there was absolutely no evidence that plaintiff ever paid a cent, or became liable to pay a cent, for the above-named items mentioned in the instruction. Such an instruction is improper. White v>. Chaney, 20 Mo. App. 397; Benson «. Railroad, 78 Mo. 504; Lester v. Railroad, éo Mo. 265. (2) The instructions asked by the defendant, and refused by the…
1Opinion of the CourtBrace, J.
This is an action for damages, for personal injuries, alleged to have been sustained by the plaintiff, while a passenger on one of defendant’s passenger trains, caused by the derailment of the train, and the overturning of the car on which plaintiff was seated, and its precipitation down an embankment, through the negligence of the defendant’s servants. The jury found for the plaintiff, and assessed her damages at five thousand dollars.
I. No errors are assigned on the admission or exclusion of evidence. The instructions, as a whole, presented to the jury, not unfavorably to the defendant, the…
2Cases cited9 opinions
- Parsons v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Pritchard v. HewittSupreme Court of Missouri · 1887
- White v. ChaneyMissouri Court of Appeals · 1886
- Hannibal Bridge Co. v. SchaubacherSupreme Court of Missouri · 1874
- Reed v. C., R. I. & P. R.Supreme Court of Iowa · 1881
4 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Birmingham Ry. Light & Power Co. v. MooreSupreme Court of Alabama · 1906
- Davidson v. St. Louis Transit Co.Supreme Court of Missouri · 1908
- Murray v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
- Slaughter v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1893
- Barr v. City of KansasSupreme Court of Missouri · 1891
29 more not listed; retrieve them via the Exa API.