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Ziervogel v. Royal Packing Co.

St. Louis Court of Appeals, Missouri
225 S.W.2d 798 (Mo. App. 1949)


Facts

An employee for the defendant got into a car accident with the plaintiff. The plaintiff brought suit and her complaint read as follows: “Plaintiff sustained injuries to her neck, back, spine and nervous system and was otherwise injured and her earning capacity has been permanently impaired.” There was nothing else in her complaint regarding her injuries or personal health. The plaintiff introduced evidence at trial that her blood pressure had increased and that her shoulder was injured, allegedly both as a result of the accident. The defendant objected to this evidence being introduced. The trial court allowed the evidence and found in favor of the plaintiff. The defendant appealed.

Rule of Law

Issue

Holding and Reasoning (McCullen, J.)

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