Stiickenmeyer v. Creane
| Decision Date | 11 January 1927 |
| Docket Number | No. 19605.,19605. |
| Citation | 291 S.W. 145 |
| Parties | STUCKENMEYER v. CREANE. |
| Court | Missouri Court of Appeals |
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.
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 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 after the accident he began using crutches; that at the time of the trial (April 24, 1925) his ankle ached both in the morning and at night, and that when he walked his ankle became swollen; that he was unable to play games; that he was forced to be absent from school from May until the following January; and that to ease the pain in his leg he was forced to bathe it in hot salt water about two or three times a week.
Dr. Henckler testified that when he first saw plaintiff he observed swelling in the leg and evidence of fracture; that he put a temporary bandage on the ankle and referred plaintiff to Dr. M. L. Kleinfelter; that it was disclosed that plaintiff had sustained a fracture of both bones involving the ankle joint, which was a more complicated condition than a simple fracture of the middle of the bone; that the bone would never be as it was prior to the injury; that, when he last examined plaintiff in August or September, 1924, there was, still some swelling about the joint, which indicated that the inflammatory process had not subsided; that it was possible that there would be some permanent injury to the joint; that plaintiff would suffer pain at the change of weather; that there might be some weakness in the joint; that there was...
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