Fuchs v. St. Louis Transit Co.

• Decision Date: 21 March 1905
• Parties: FUCHS v. ST. LOUIS TRANSIT CO.
• Court: Missouri Court of Appeals

86 S.W. 458

111 Mo. App. 574.

FUCHS v. ST. LOUIS TRANSIT CO.

St. Louis Court of Appeals. Missouri.

March 21, 1905.

CARRIERS—INJURIES TO PASSENGERS—DAMAGES —PLEADING—EVIDENCE—INSTRUCTIONS.

1. Where, in an action for personal injuries, the petition alleged that plaintiff was severely bruised on her body and limbs, causing severe and permanent internal injuries, and also causing injuries to plaintiff's nervous system, the allegation was sufficient to justify admission of evidence that the injury to plaintiff's nervous system was permanent.

2. In an action for personal injuries, an instruction authorizing the jury to consider pain of body or anguish of mind which would reasonably result to plaintiff by reason of her injuries, and be directly caused thereby, was proper.

3. Where it was alleged that plaintiff had received internal injuries, such allegation was sufficient to justify evidence of an injury to plaintiff's left kidney; defendant having made no motion before trial to have the petition made more definite and certain as to such injuries.

Appeal from St. Louis Circuit Court; James R. Kinealy, Judge.

Action by Katy Fuchs against St. Louis Transit Company. From a judgment in favor of plaintiff, defendant appeals. Affirmed.

In April, 1904, plaintiff was employed as a cleaner in the Rialto Building, in the city of St. Louis, and was earning $15 per week by her labor. Early in the morning of the 17th of this month, plaintiff left her home, and went to the northeast corner of Geyer avenue and Broadway, for the purpose of boarding a car on Broadway, to be carried to her place of employment. Plaintiff testified that she waited on the corner about two minutes, when she hailed an approaching car; that the car stopped in the usual place for taking on passengers, and she attempted to get aboard; that she took hold of the hand rail, had one foot on the first step, and was in the act of raising the other to the second step of the rear vestibule of the car, when the car was suddenly started with a jerk, causing her to lose her balance, and to fall into the street, on her left side; that the force of the fall was so great as to cause her intense pain and suffering, injuring her internally, and greatly shocking her nervous system. Plaintiff's evidence shows that the back platform of the car, where she attempted to get aboard, was crowded, but there was plenty of standing room inside the car, and that the car did not stop but for a moment, to take on passengers, and not a sufficient length of time to let any one get aboard. Plaintiff's evidence further shows that she was confined to her bed for three months after her injury, and she has not been able to work at any time since her injury, and was under treatment of a physician for her injuries at the time of the trial.

Dr. E. H. Eyerman, plaintiff's physician, testified as follows: "As near as I remember, I found her suffering great pain in the abdomen and the back of the head, and in the region of the eleventh and twelfth ribs, on the left side—vomiting a great deal and very weak. A careful examination was made, and I couldn't find any bones broken. There were several very tender spots in her abdomen. The bladder, apparently, was not injured, and the skull was not injured, but the left kidney appeared to be injured. Examination of the urine seemed to corroborate it—the blood cells found in the urine. That night she became very weak. In fact, I thought she was going to die that night. She fainted away, and her heart action was very weak. I administered several strong heart stimulants, and in about two or three hours she rallied, and since then I have been in almost constant attendance upon her. She has had several attacks of kidney colic, which required much attention, and large doses of morphine to relieve; and, as a result of her suffering, and shock to her nerves and heart, she became very hysterical, and practically a nervous wreck. She has tried on one or two occasions to resume her work, and each time, after a day or two, had a relapse, and had pains in the back again, and in the region of her kidney, and these hysterical spells would come on again. Q. Did you consider the conditions you have described as being the result of this injury? A. I have no doubt; no doubt that the shock of the injury and the pain—possibly some lesions in the kidney—helps to make up her nervous condition and depression. Q. What is her condition now, with reference to the continuation — probable continuation — of these...