20 Mo. App. 485 | Mo. Ct. App. | 1886
The chief, if not the only, complaint
As to the word'“situation,” in the instruction, we see where under certain states of the evidence, this might involve a consideration of the question whether the situation in life of one injured should be considered in making up the damages in a case of this character. But here we need not consider such points, and do not. It is clear that the use of the word situation, under the evidence in this cause, worked no injury to defendant. The authorities cited for defendant sustain its assertion that damages in a suit by the wife, the husband being nomi
The judgment was for the right party, and it is,
I non-concur in the foregoing opinion, for the reason that I apprehend- the employment of the words tC situation of the plaintiff,” was calculated to mislead the jury, and induce them in the estimation of damages, to take into consideration matters which pertain alone to the husband, as head of the family.