Hoffman v. Metropolitan Street Railway Co.
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. James Gibson, Judge. (1) The court below erred in permitting witness Armp.u to testify that there was nothing to have prevented the gripman from seeing the wagon. Hardenburg v. Cockraft, 5 Daly, 79; Winters v. Railroad, 39 Mo. 468; Gavisk v. Railroad, 49 Mo. 274; Reid v. Ins. Co., 58 Mo. 421; Eubanks v. Edina, 88 Mo. 650; Gutridge v. Railroad, 94 Mo. 468; Walton v. Railroad, 40 Mo. App. 544; Naughtonv. Stagg, 4 Mo.
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Appeal from the Jackson Circuit Court. — Hon. James Gibson, Judge. (1) The court below erred in permitting witness Armp.u to testify that there was nothing to have prevented the gripman from seeing the wagon. Hardenburg v. Cockraft, 5 Daly, 79; Winters v. Railroad, 39 Mo. 468; Gavisk v. Railroad, 49 Mo. 274; Reid v. Ins. Co., 58 Mo. 421; Eubanks v. Edina, 88 Mo. 650; Gutridge v. Railroad, 94 Mo. 468; Walton v. Railroad, 40 Mo. App. 544; Naughtonv. Stagg, 4 Mo. App. 271; Lawson on Opinion Evidence, 564, et seq.; Marcott.v. Railroad, 49 Mich. 101; Eskridge v. Railroad, 12 S. W. Bep. (Ky.) 580;…
1Opinion of the CourtSmith, P. J.
This was an action brought by plaintiff against defendant before a justice of the peace, to recover damages for negligently running its cable train against plaintiff’s wagon. The plaintiff had judgment in the circuit court, and defendant has appealed.
During the progress of the trial a number of exceptions were taken by defendant to the action of the court in the admission of evidence, which constitute, in the main, the grounds of its appeal.
The first of these is, that the trial court erred in permitting a number of witnesses for plaintiff to answer the question, whether or not there was…
2Cases cited6 opinions
- Johnson v. Inhabitants of HolyokeMassachusetts Supreme Judicial Court · 1870
- Streett v. LaumierSupreme Court of Missouri · 1864
- Monroe v. LattinSupreme Court of Kansas · 1881
- Hicks v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1878
- Churchman v. Kansas CityMissouri Court of Appeals · 1891
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Badgley v. City of St. LouisSupreme Court of Missouri · 1899
- Vetter v. BrowneMissouri Court of Appeals · 1935
- Dudley v. Wabash RailroadMissouri Court of Appeals · 1912
- Gilwee v. Pabst Brewing Co.Missouri Court of Appeals · 1917
- Green v. Kansas City Southern Railway Co.Missouri Court of Appeals · 1910
4 more not listed; retrieve them via the Exa API.