Missouri Pacific Railway Co. v. Roberts

Appeal from Clay Circuit Court.— Hon. J. W. Alexander, Judge. (1) The trial court committed error in permitting the report of the commissioners to he put in evidence and read to the jury. The only question for the determination of the jury was as to the amount of damages that defendant had sustained hy reason of the appropriation of the 8.3 acres of land in question; and the admission of the report of the commissioners was in violation of the fundamental principals of the law of evidence. Under our system of jurisprudence every litigant is entitled to have the witnesses against him sworn to…