Grady v. St. Louis Transit Co.

• Decision Date: 03 November 1903
• Parties: GRADY v. ST. LOUIS TRANSIT CO.<SMALL><SUP>*</SUP></SMALL>
• Court: Missouri Court of Appeals

76 S.W. 673

102 Mo. App. 212

GRADY v. ST. LOUIS TRANSIT CO.^*

Court of Appeals at St. Louis, Missouri.

November 3, 1903.

DAMAGES—SPECIAL—MEASURE—EVIDENCE —HARMLESS ERROR.

1. Where, in an action for injuries, it is pleaded that plaintiff's spine was permanently injured, testimony as to specified paralyzing effects upon organs of plaintiff, consequent on the injury to his spine, is admissible under the general rule that evidence may be introduced of any special damage the immediate result of the act complained of.

2. Evidence, in an action for injuries, as to plaintiff's earning capacity prior to the injury, and that since he had been compelled to employ assistance at a specified rate, was sufficient to warrant an instruction as to plaintiff's loss of earnings as an element of damage.

3. Where, in an action for injuries, a physician's testimony that his charge for medical services was reasonable was uncontroverted, though another physician testified for the opposing party, an instruction which fails to limit plaintiff's recovery for the services to their "reasonable" value is harmless error.

Appeal from St. Louis Circuit Court; D. D. Fisher, Judge.

Action by John Grady against the St. Louis Transit Company. From a judgment in favor of plaintiff, defendant appeals. Affirmed.

Omitting formal allegations, plaintiff's petition recited: "Plaintiff further states that the tracks of the defendant are laid across and intersect one another at Lee avenue and Cass avenue, said avenues being highways and streets in the city of St. Louis, Missouri; that plaintiff on the 24th day of January, 1902, was a passenger on the Cass avenue line car of said road, plaintiff having paid his fare and taken passage on same; that while on the said car of the said line of the defendant at the intersection of Newstead avenue and St. Louis avenue, streets in the city of St. Louis, Missouri, the car of the Cass avenue line was caused to be run into by defendant's car of the Lee avenue line of said company; that the servants of said corporation, by the management of both of said cars, so negligently and carelessly conducted themselves as to cause the Lee avenue car to collide with the Cass avenue car, knocking said car over the rails into the gutter; that plaintiff, being a passenger thereon, was thrown out of his seat and badly injured, his wrist being lacerated and his spine being permanently injured; he has been caused great pain, agony, and sleeplessness by reason thereof; said injury being caused by negligence, carelessness, and unskillfulness of defendant's servants and managers. Plaintiff further states that he has been permanently injured, has been sick and lame, has been prevented from attending to his business, and was put to great expense in endeavoring to be healed of his injuries, and at the present time is unable to attend to his daily vocations, as his injuries and suffering cause him great pain. Plaintiff further states that by reason of the injury aforesaid he has been damaged in the sum of fifteen thousand ($15,000) dollars, for which he asks damages." Defendant's answer was a general denial.

The evidence established that the plaintiff, a butcher by trade,...