Legal Opinion

Dunn v. Dunnaker

Supreme Court of Missouri

Decided October 15, 1885PublishedCited by 26 opinions

Appeal from Jaohson Circuit Court. — Hon. P. M.i Black, Judge. (1) The rejection by the trial court of that portion of the deposition of Ur. U. P. Bigger, quoted under the?assignment of eirtirs,' was in itself such error as entitle^ the appellant to a -reversal of this cause. In support of this proposition we cite an article in 16 Central Law Journal, 325, and cases cited, entitled “Right of a. Party Wheh His Own Witness has Made Previous Contradictory Statements.”

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Appeal from Jaohson Circuit Court. — Hon. P. M.i Black, Judge. (1) The rejection by the trial court of that portion of the deposition of Ur. U. P. Bigger, quoted under the?assignment of eirtirs,' was in itself such error as entitle^ the appellant to a -reversal of this cause. In support of this proposition we cite an article in 16 Central Law Journal, 325, and cases cited, entitled “Right of a. Party Wheh His Own Witness has Made Previous Contradictory Statements.” (2) The refusal by the trial court of plaintiff’s instructions, quoted under assign^ ment of errors, was also error sufficient…

1Opinion of the CourtHenry, C. J.

This is a suit against defendant for damages for alleged' malpractice, in the treatment by him, as a physician and surgeon, of plaintiff’s arm which had been injured by an accident. The answer was. a general denial. A trial resulted in a judgment in favor of defendant, from which this appeal • is prosecuted.

In order to prove the case alleged by him, plaintiff read as evidence the deposition of Hr. H. P. Bigger, and, on defendant’s objection, the court excluded a portion of the deposition, in which plaintiff attempted to show that the witness, Hr. Bigger, had made statements out of court…

2Cases cited1 opinion

  1. Brown v. WoodSupreme Court of Missouri · 1854

3Cited by26 opinions

  1. Coulter v. Michelin Tire Corp.Missouri Court of Appeals · 1981
  2. Rowe v. Farmers Ins. Co., Inc.Supreme Court of Missouri · 1985
  3. Carp v. Queen InsuranceSupreme Court of Missouri · 1907
  4. Conner v. NeiswenderSupreme Court of Missouri · 1950
  5. State v. KinneSupreme Court of Missouri · 1963

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