Legal Opinion

Briscoe v. Metropolitan Street Railway Co.

Missouri Court of Appeals

Decided June 4, 1906PublishedCited by 1 opinion

Appeal from Jackson Circuit Court. — -No». Andrew F. .Evans, Judge. (1) The trial court refused to admit competent evidence. It lias always been competent to show the interest of the witness and the motions which might influence him to testify more or less favorably to the one side than the other. This was denied to the defendant in this case and such denial was error. R. S. 1899, sec. 3260; Veidt v. Railroad, 109 Mo. App. 104; Carp' v. Ins. Co., 104 Mo.

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Appeal from Jackson Circuit Court. — -No». Andrew F. .Evans, Judge. (1) The trial court refused to admit competent evidence. It lias always been competent to show the interest of the witness and the motions which might influence him to testify more or less favorably to the one side than the other. This was denied to the defendant in this case and such denial was error. R. S. 1899, sec. 3260; Veidt v. Railroad, 109 Mo. App. 104; Carp' v. Ins. Co., 104 Mo. App. 517; State v. Thornhill, 177 Mo. 696; Koenig v. Depot Co., 175 Mo. 715; State v. Pruett, 144 Mo. 94. (2) The trial court erred in…

1Opinion of the Court

ELLISON, J. —

The plaintiff received personal injury while riding on one of defendant’s street railway cable cars as a passenger. He recovered judgment in the trial court. A statement of the nature of the injury or the amount of recovery will be of no service in understanding our conclusions which relate' alone to errors alleged to have been committed during the progress of the trial.

It appears that there- had been a former trial of the cause in which a witness appeared and gave material evidence in behalf of the plaintiff. He again appeared at the trial resulting in the present judgment and…

2Cases cited4 opinions

  1. Chitty v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1899
  2. Heinzle v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1904
  3. Carp v. Queen Insurance Co. of AmericaMissouri Court of Appeals · 1904
  4. State v. ThornhillSupreme Court of Missouri · 1903

3Cited by1 opinion

  1. Briscoe v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1909

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