Norris v. St. Louis, I. M. & S. Ry. Co.

Decision Date19 December 1911
Citation144 S.W. 783,239 Mo. 695
CourtMissouri Supreme Court
PartiesNORRIS v. ST. LOUIS, I. M. & S. RY. CO.

Action by Macy Norris against the St. Louis, Iron Mountain & Southern Railway Company. From a judgment for plaintiff, defendant brings error. Affirmed conditionally on remission of part of recovery.

Action for damages for alleged injuries sustained by plaintiff through the derailment of one of defendant's trains upon which she was a passenger. Plaintiff had judgment below for $10,000, and the defendant brings the case here by writ of error.

This suit was originally instituted in the circuit court of Jackson county, Mo., on July 10, 1905, at which time the plaintiff in her petition did not allege any injury to her womb; but the first suit was dismissed, and in the present action, which was instituted on September 18, 1905, she alleges: That "she was bruised and injured about her back and spine and over the region of her kidneys and in the kidneys. Her left hip was severely bruised and wrenched, left leg was severely wrenched and bruised in and near the knee. Her left shoulder was bruised and contused. Her right leg was severely wrenched, bruised, and contused. Her uterus was misplaced and anteverted, thereby causing inflammation of the pelvic parts and adhesions of the uterus to the pelvic walls, on account of which plaintiff has since suffered almost constant pains in her pelvic regions and in her head and back. That by reason of such injuries, her nervous system was severely shocked and impaired, and that said injuries are permanent and lasting in their character and effect."

Plaintiff testified that on June 9, 1905, she was a passenger on defendant's train between Texarkana and Hope, Ark., a distance of 35 miles. A few miles from Texarkana, said train was derailed and wrecked; some of the front cars leaving the track and sliding or rolling down an embankment. The front end of the chair car, on which plaintiff was riding, jumped off the track, sliding partly down an embankment; the rear end thereof remaining attached to dining car on the track. When the wreck occurred, plaintiff tried to arise in her chair, and by the sudden movement of the car was thrown violently against the arm of her chair and down into the aisle of the car, where she was trodden upon by persons who were scrambling to get out of the car. In being thus thrown down and trodden upon, she received severe bruises upon her left hip, abdomen, back, shoulder, and legs, causing a displacement of her womb, and resulting in permanent injury to her health. After the alleged injury, plaintiff went on to Hope, Ark., where she spent the night and the following day with friends. She then returned to Texarkana, where she remained one night, going thence by train to Kansas City, where some of her relatives and friends resided, and where she applied for and received the first medical aid for her injuries.

The physician who treated plaintiff at Kansas City testified that there were many bruises upon her body and limbs, and that she was in a very nervous condition bordering on collapse when she came into his office. He gave her internal treatment for her nervous condition and a local application for her bruises, but did not then discover any injury to...

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112 cases
  • Smith v. East St. Louis Ry. Co.
    • United States
    • Missouri Court of Appeals
    • 3 Enero 1939
    ... ... 288; Babcock v. Babcock, 46 Mo. 243; Riggs v. Metropolitan St. Ry., 216 Mo. 304, 115 S.W. 969. (5) Excessive verdict for plaintiff should be set aside as being the result of passion and prejudice. Schupback v. Meshevsky (Mo.), 300 S.W. 465; Scully v. Rowling (Mo. App.), 88 S.W. (2d) 394; Norris v. St. Louis Ry., 239 Mo. 695, 144 S.W. 783 ...          Louis E. Miller and Robert R. Adams for respondent ...         (1) (a) The verdict of the jury was supported by substantial testimony, approved by the trial court, and should be permitted to stand. Fisher v. Chicago ... ...
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    • Missouri Supreme Court
    • 29 Marzo 1929
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    • United States
    • Missouri Court of Appeals
    • 6 Marzo 1928
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