Ganey v. Kansas City
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Eon. James E. Slover, Judge. (1) The evidence of actual measurements must prevail over mere estimates or guesses, particularly when such measurements are corroborated by the estimates of many other witnesses and by the pleadings themselves. 5 Ency. Ev., p. 643-; Perkins v. Township, 113 Mich. 379; Jones v. Detroit, 171 Mich. 608; Bur-rough v. Milwaukee, 110 Wis. 478; Wanta v. Milwaukee, 148 Wis. 295; Ryan v. Manhattan Ry.
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Appeal from Jackson Circuit Court. — Eon. James E. Slover, Judge. (1) The evidence of actual measurements must prevail over mere estimates or guesses, particularly when such measurements are corroborated by the estimates of many other witnesses and by the pleadings themselves. 5 Ency. Ev., p. 643-; Perkins v. Township, 113 Mich. 379; Jones v. Detroit, 171 Mich. 608; Bur-rough v. Milwaukee, 110 Wis. 478; Wanta v. Milwaukee, 148 Wis. 295; Ryan v. Manhattan Ry. Co., 121 N. Y. 126; Mann v. Phoenix B. & C. Co., Í51 Mo. App. 586. (2) No negligence can be attributed to defendant on the…
1Opinion of the Court
OPINION.
I
BOND, J.
(After stating the facts as above.) — Appellant’s first point seems to be that the testimony of its witnesses stating the measurements made by them “must, prevail” over that of other witnesses testifying without measurement. Since the law is settled in this State that the evidence of the latter kind is competent (Gardner v. Railroad, 223 Mo. 389'), it necessarily follows that it has some probative force and its credibility and relative weight as compared with the testimony of the former kind, becomes a question for the triers of the facts.
*661It may be. that the jury, if they had…
2Cases cited5 opinions
- Huhn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Curtis v. McNairSupreme Court of Missouri · 1903
- Moon v. St. Louis Transit Co.Supreme Court of Missouri · 1912
- Gardner v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1909
- Clark v. St. Joseph Terminal RailroadSupreme Court of Missouri · 1912
3Cited by8 opinions
- Morris v. Atlas Portland Cement Co.Supreme Court of Missouri · 1929
- Maxwell v. Kansas City, Mo.Missouri Court of Appeals · 1932
- Timmerman v. Terminal RR Ass'n of St. LouisSupreme Court of Missouri · 1951
- Johnson v. Ambursen Hydraulic Construction Co.Missouri Court of Appeals · 1915
- Henson v. Kansas CitySupreme Court of Missouri · 1919
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