Senn v. Southern Railway Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. L. D. Fisher, Judge. (1) The trial court erred in admitting as evidence against defendant tlie declaration of. plaintiff, Christian Senn, as to the cause of the accident, made to the driver after the transaction was complete. The declaration in question was not admissible as being of the res gesta.
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Appeal from St. Louis City Circuit Court. — Hon. L. D. Fisher, Judge. (1) The trial court erred in admitting as evidence against defendant tlie declaration of. plaintiff, Christian Senn, as to the cause of the accident, made to the driver after the transaction was complete. The declaration in question was not admissible as being of the res gesta. State v. Snell, 78 Mo. 240 ; Leahey v. Railroad, 97 Mo. 165. And the witness was not a participant so as to make his declarations evidence. State v. BUcins, 101 Mo. 344. Even if the driver had expressly assented to the declaration, it would still…
1Opinion of the CourtMacfarlare, J.
This action was commenced for damages under section 2121, Revised Statutes, 1879, for the death of the minor son of plaintiffs, Christian Senn and wife, on account of alleged negligence of a driver of a street horse car on defendant’s road, in driving and managing the same. Plaintiff obtained *147judgment for $5,000, and defendant appealed. Since the appeal Mary Senn, the wife, has died, and the cause has been revived in the name of Charles Scudder, administrator. Defendant is a corporation owning and operating a street railway in the city of St. Louis.
The negligence charged was a failure of the…
2Cases cited5 opinions
- State v. WienersSupreme Court of Missouri · 1877
- Fath v. Tower Grove & LaFayette RailwaySupreme Court of Missouri · 1891
- State v. BrownSupreme Court of Missouri · 1877
- State v. ElkinsSupreme Court of Missouri · 1890
- State v. SneedSupreme Court of Missouri · 1885
3Cited by22 opinions
- Chouquette v. Southern Electric RailroadSupreme Court of Missouri · 1899
- Ruschenberg v. Southern Electric RailroadSupreme Court of Missouri · 1901
- Jackson v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1900
- Turner v. HaarSupreme Court of Missouri · 1893
- Hupfer v. National Distilling Co.Wisconsin Supreme Court · 1903
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