Stiickenmeyer v. Creane, No. 19605.

CourtCourt of Appeal of Missouri (US)
Writing for the CourtBennick
Citation291 S.W. 145
Decision Date11 January 1927
Docket NumberNo. 19605.
PartiesSTUCKENMEYER v. CREANE.
291 S.W. 145
STUCKENMEYER
v.
CREANE.
No. 19605.
St. Louis Court of Appeals. Missouri.
January 11, 1927.

Appeal from St. Louis Circuit Court; William H. Killoren, Judge.

"Not to be officially published."

Action by Harold Stuckenmeyer, an infant, by Bernard Stuckenmeyer, against John C. Creane. Judgment for plaintiff and order overruling defendant's motion for new trial, and `defendant appeals. Affirmed, and plaintiff's motion for damages for vexatious appeal overruled.

Roessel & Minton, of St. Louis, for appellant.

John P. Clancy and Mark D. Eagleton, both of St. Louis, for respondent.

BENNICK, C.


This is an action for damages for personal injuries sustained by plaintiff, a boy 10 years of age, when struck at the intersection of Twenty-Fifth and Hebert streets, in the city of St. Louis, on May 27, 1924, by an automobile driven by defendant. The verdict of the jury was in favor of plaintiff in the sum of $3,000, and judgment was duly rendered thereon, from which, after an unavailing motion for a new trial, defendant has appealed.

The negligence pleaded and submitted to the jury was, first, defendant's failure to sound a signal of the approach of his automobile; and, second, the violation of the humanitarian doctrine. The answer was a general denial.

Inasmuch as no point is made with reference to the overruling of the demurrer to the evidence or the giving or refusal of instructions, suffice it to say, so far as the facts of the case are concerned, that there was substantial evidence supporting the assignments of negligence upon which the case was submitted. Defendant has only one assignment of error—that the verdict for plaintiff in the sum of $3,000 is so excessive as to shock the conscience of the court and to show prejudice and bias on the part of the jury— the determination of which will necessarily require a comprehensive review of the medi" cal testimony.

The evidence, viewed, of course, in the light most favorable to plaintiff after a verdict in his favor, discloses that defendant's automobile knocked plaintiff down and ran over his left leg. Plaintiff testified that his left leg and ankle were injured; that defendant got out of his automobile and lifted him to his feet; that he was suffering pain in his ankle; that he fell down again when he attempted to walk; that he hobbled over to the curbstone and sat down; that he was taken to his home in defendant's machine and then to the office of his family physician, Dr. E. H. Henckler, by whom his ankle was bandaged; that he was then taken to the Missouri Baptist Sanitarium, where he remained for half a day, and was then brought back to

291 S.W. 146

his home, where he was confined to his bed for two months, during which time he was unable to walk, even with crutches; that he wore a cast on his foot for four weeks; that three months...

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6 practice notes
  • Doty v. The Western & Southern Life Ins. Co., No. 20667.
    • United States
    • Court of Appeal of Missouri (US)
    • 7 Mayo 1929
    ...the McDaniel case and it could not be said, under these circumstances, that its appeal was vexatious. [Stuckenmeyer v. Creane (Mo. App.), 291 S.W. 145, The judgment of the circuit court is affirmed. Becker and Nipper, JJ., concur. --------------- Notes: * Corpus Juris-Cyc References: Costs,......
  • Couch v. St. Louis Public Service Co., No. 26380.
    • United States
    • Court of Appeal of Missouri (US)
    • 6 Julio 1943
    ...S.W.2d 700; Peterson v. Kansas City, 324 Mo. 454, 23 S.W.2d 1045; Flynn v. Corich, Mo.App., 53 S.W.2d 1103; Stuckmeyer v. Creane, Mo.App., 291 S.W. 145; Wielms v. St. Louis County Gas Co., Mo.App., 37 S.W.2d When Dr. William Alexander Smith was called immediately upon plaintiff's return to ......
  • Wielms v. St. Louis County Gas Co., No. 21491.
    • United States
    • Missouri Court of Appeals
    • 7 Abril 1931
    ...City Rys. Co. (Mo. App.) 233 S. W. 64; Linton v. St. Louis Lightning Rod Co. (Mo. App.) 285 S. W. 183; Stuckenmeyer v. Creane (Mo. App.) 291 S. W. 145. Plaintiff had but one expert witness, who was Dr. Doan, his attending physician, and the propriety of the size of the verdict is largely to......
  • Flynn v. Corich, No. 21825.
    • United States
    • Court of Appeal of Missouri (US)
    • 8 Noviembre 1932
    ...City Rys. Co. (Mo. App.) 233 S. W. 64; Linton v. St. Louis Lightning Rod Co. (Mo. App.) 285 S. W. 183; Stuckenmeyer v. Creane (Mo. App.) 291 S. W. 145; Wielms v. St. Louis County Gas Co. (Mo. App.) 37 S.W.(2d) 454; Stofer v. Kansas City Public Service Co. (Mo. App.) 41 S.W.(2d) Plaintiff is......
  • Request a trial to view additional results
6 cases
  • Doty v. The Western & Southern Life Ins. Co., No. 20667.
    • United States
    • Court of Appeal of Missouri (US)
    • 7 Mayo 1929
    ...the McDaniel case and it could not be said, under these circumstances, that its appeal was vexatious. [Stuckenmeyer v. Creane (Mo. App.), 291 S.W. 145, The judgment of the circuit court is affirmed. Becker and Nipper, JJ., concur. --------------- Notes: * Corpus Juris-Cyc References: Costs,......
  • Couch v. St. Louis Public Service Co., No. 26380.
    • United States
    • Court of Appeal of Missouri (US)
    • 6 Julio 1943
    ...S.W.2d 700; Peterson v. Kansas City, 324 Mo. 454, 23 S.W.2d 1045; Flynn v. Corich, Mo.App., 53 S.W.2d 1103; Stuckmeyer v. Creane, Mo.App., 291 S.W. 145; Wielms v. St. Louis County Gas Co., Mo.App., 37 S.W.2d When Dr. William Alexander Smith was called immediately upon plaintiff's return to ......
  • Wielms v. St. Louis County Gas Co., No. 21491.
    • United States
    • Missouri Court of Appeals
    • 7 Abril 1931
    ...City Rys. Co. (Mo. App.) 233 S. W. 64; Linton v. St. Louis Lightning Rod Co. (Mo. App.) 285 S. W. 183; Stuckenmeyer v. Creane (Mo. App.) 291 S. W. 145. Plaintiff had but one expert witness, who was Dr. Doan, his attending physician, and the propriety of the size of the verdict is largely to......
  • Flynn v. Corich, No. 21825.
    • United States
    • Court of Appeal of Missouri (US)
    • 8 Noviembre 1932
    ...City Rys. Co. (Mo. App.) 233 S. W. 64; Linton v. St. Louis Lightning Rod Co. (Mo. App.) 285 S. W. 183; Stuckenmeyer v. Creane (Mo. App.) 291 S. W. 145; Wielms v. St. Louis County Gas Co. (Mo. App.) 37 S.W.(2d) 454; Stofer v. Kansas City Public Service Co. (Mo. App.) 41 S.W.(2d) Plaintiff is......
  • Request a trial to view additional results

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