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eBook details

• Title: Charles M. Schwarz and Lloyd E. Bennett v.
• Author : St. Louis District Missouri Court of Appeals
• Release Date : January 13, 1967
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 64 KB

Description

This lawsuit arose from the collision of two automobiles approaching each other along the center line of the Grand Avenue
overpass in St. Louis. The driver of the northbound car, Edward Longinette, was killed; the plaintiffs are his executors.
By Count I they sue on behalf of his collateral heirs for pecuniary damages they claim to be the result of his wrongful death.
(By Count II the plaintiffs sued for Mrs. Longinette's wrongful death, but this count was voluntarily dismissed before trial.)
By Count III the executors sue for damage to Mr. Longinette's automobile. Defendant Kent Allen Gage, driver of the southbound
car, was injured in the collision and he counterclaims. The plaintiff executors got a verdict and judgment for $4,400 for Mr. Longinette's wrongful death plus $600 for property
damage to his car. The defendant appeals. (The verdict and judgment went against the defendant on his counterclaim, but he
makes no complaint of that either in his after-trial motion or brief; so, our concern is limited to plaintiffs' $5,000 judgment
against defendant.) Two issues determine this appeal. As to Count I for wrongful death under § 537.080(4), V.A.M.S.,
the question is this: Did the plaintiffs establish the reasonable probability of pecuniary loss to the decedent's heirs by
merely showing that within the year before his death the decedent had occasionally bought groceries and made household repairs
for his widowed sister? We think not. As to Count III for property damage, the question is this: Was it prejudicial error
to admit parol testimony describing the contents of the certificate of ownership to the damaged automobile when the certificate's
absence was unexplained and there was no other evidence of ownership? We think so. These two issues in turn.

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