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cation as merchant and druggist
t, and has lost or will lose the earnings of his labor and business, sufficiently pleads loss of earnings.4. SameEvidenceSufficiency.In an action for personal injuries, plaintiff did not testify directly as to the value of his earnings, loss of which was caused by his injury, but his testimony showed that he was compelled to employ a man to perform the work he was engaged in at the time of the injury, and that the value of the services of the person so hired did not exceed $50 per month. Heldto authorize the inference that during the time plaintiff was incapacitated for work the loss of his earnings was at least equal to the amount he paid another to 611 his place.TEd. Note.For cases in point, see vol. 15, Cent. Dig. Damages, ?? 509.]5. TrialInstructionsEvidence.A requested instruction is properly refused in the absence of evidence on which to predicate it.[Ed. Note.For cases in point, see vol. 46, Cent. Dig. Trial, ??? 596-612.]6. SameRepetitionOpInstructions.Where, in an action against a street railway company for injuries to a passenger, the court charRfd that it was the passenger's duty to exercise ordinary care for his own safety, and that if he failed to do so, and such failure contributed to his injury, he could not recover, it was not error to refuse to charge that if the passenger voluntarily exposed himself to danger, and while in that position he was injured, he could not recover.[Ed. Note.For cases in point, see vol. 4C, Cent. Dig. Trial, ??? 651-659.]7. CarriersInjuryToPassengersConTributoryNegligence.A passenger on a street car was injured by being thrown from the car by a sudden lurch. The passenger at the time was standing on the front platform of the car. Prior to the accident he had experienced lurches at the place of the accident, but the shock at the time of the accident was more severe. He also knew of the defective condition of the track at the place of the accident. Held,that the passenger did not voluntarily expose himself to danger by standing on the platform; he having a right to rely on the implied contract of safe carriage.[Ed. Note.For cases in point, see vol. 9, Cent. Dig. Carriers, ?? 1376.]Appeal from St. Louis Circuit Court; Walter B. Douglas, Judge.Action by Joseph M. Wellineyer against the St. Louis Transit Company. From a judgment for plaintiff, defendant appeals. Affirmed.Boyle & Priest, J. W. Jamison, and John T. Gose. for appellant E. W. Banister and A. R. Taylor, for respondentBURGESS, P. J. This Is an action by plaintiff against the defendant to recover $25,000 damages for personal Injuries alleged to have been sustained by him while a passenger for hire upon one of defendant's cars by reason of being thrown from said car against a post, owing to the rocking of the car caused by the defective condition of defendant's track. The trial by the court and jury resulted In a verdict and judgment in favor of plaintiff for the sum of $5,000. Within four Burberry Outlet Online Moncler Outlet Michael Kors Outlet Michael Kors Outlet Online Http://www.michaelkorsonlinesoutlet.com/ weuiouq968 after verdict defendant filed motion for a new trial, which was overruled. From the verdict and judgment, defendant appeals.At the time of the Injury plaintiff was a passenger on defendant's car, en route to Easton avenue, and as the car approached said avenue he went to the front platform to be ready to step off the car when it stopped. Flalntiff hnd a transfer on defendant's line west on Easton avenue. After taking his position on the platform he stood, with his back to the body of the car, holding with his right hand to the hand rail, and about 18 inches from the step of the car. While he was In the position indicated, according to plaintiff's evidence, the car gave a violentlurch by which he was thrown forward and sidewise, so that his head and shoulders were thrown beyond the body of the car and brought in violent contact with a post standing within a foot or 18 Inches of the track, causing a fracture of the skull, injury to, and impairment of, the sight of his right eye, and a fracture of the shoulder blade and of two of his ribs.