Graney v. St. Louis, Iron Mountain & Southern Railway Co.
Supreme Court of Missouri
Appeal from St. Louis County Circuit Court. — Hon., Rudolph Hiezel, Judge. (1) The court erred in admitting as evidence the opinions of James E. Lavin, and Edwin C. Carlin, as to the effect of the draft caused by a rapidly moving train. They were not experts, nor is it shown that they possessed any special knowledge of the laws of physics. Their experience was only such as comes to every individual. Lawson on Expert Evidence, 195, 196; Naughton v. Stagy, 4 Mo.
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Appeal from St. Louis County Circuit Court. — Hon., Rudolph Hiezel, Judge. (1) The court erred in admitting as evidence the opinions of James E. Lavin, and Edwin C. Carlin, as to the effect of the draft caused by a rapidly moving train. They were not experts, nor is it shown that they possessed any special knowledge of the laws of physics. Their experience was only such as comes to every individual. Lawson on Expert Evidence, 195, 196; Naughton v. Stagy, 4 Mo. App. 275; 1 G-reenleaf on Evidence, 578; Rogers on Expert Evidence, pp. 23, 33, 64; Ferguson v. Hubbel, 97 N. Y. 507; Filey v. Sparks…
1Opinion of the CourtMacfarlane, J.
This is an action by plaintiffs, who are husband and wife, to recover the statutory damages of $5,000 for the death of their minor son James Graney, caused, as alleged, by the negligence of the employees of defendant in running one of its freight trains in the city of St. Louis.
The petition charges, in substance, that on the eighteenth day of January, 1891, there were in force three valid ordinances in the city of St. Louis, one prohibiting any car or cars, or locomotive propelled by steam power to be run at a rate of speed exceeding six miles per hour; another requiring such locomotive to…
2Cases cited5 opinions
- Payne v. Chicago & Alton RailroadSupreme Court of Missouri · 1896
- Ridenhour v. Kansas City Cable Railway Co.Supreme Court of Missouri · 1890
- Masser v. Chicago, Rock Island & Pacific R'y Co.Supreme Court of Iowa · 1886
- Coe v. RitterSupreme Court of Missouri · 1885
- Spillane v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1896
3Cited by14 opinions
- Harrison v. Kansas City Electric Light Co.Supreme Court of Missouri · 1906
- Graney v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1900
- Walker v. Wabash RailroadSupreme Court of Missouri · 1906
- Hoepper v. Southern Hotel Co.Supreme Court of Missouri · 1898
- Nixon v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1897
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