Legal Opinion

Owens v. Kansas City, St. Joseph & Council Bluffs Railroad

Supreme Court of Missouri

Decided April 15, 1888PublishedCited by 81 opinions

Appeal from 'Lafayette ■ Circuit Court. — Hon. J. P0 Strother, Judge. (1) Appellant’s application for an order directing the plaintiff to be examined by medical experts was timely and reasonable and should have been sustained. Schroeder r.

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Appeal from 'Lafayette ■ Circuit Court. — Hon. J. P0 Strother, Judge. (1) Appellant’s application for an order directing the plaintiff to be examined by medical experts was timely and reasonable and should have been sustained. Schroeder r. Railroad, 47 la. 379 ; White. v. Railroad, 61 Wis. 536 ; Hatfield v. Railroad, 33 Minn. 130; Railroad v. Thiol, 29 Kas. 466 ; Shepard v: Railroad, 85 Mo. 629. (2) The court committed, error in its rulings on the evidence, Mrs. Owens was not competent to testify as an expert. No one but a medical expert is qualified to testify as to the character, or the…

1Opinion of the CourtBlack, J.

This is a suit for personal injuries to-the plaintiff, Mrs. Owens, wife of the other plaintiff. She prevailed in the court below, and the defendant appealed. On the twentieth of November, 1883, she and her daughter were passengers on one of the defendant’s trains from Kansas City to Beverly. The petition, which is very lengthy, states, in substance, that defendant negligently failed and refused to stop the train at Beverly long enough to allow the plaintiff a reasonable time to alight in safety; that, as soon as the train stopped, she stepped to the door of the car to get off; that when she…

2Cases cited11 opinions

  1. Schroeder v. C. R. I. & P. R.Supreme Court of Iowa · 1877
  2. State v. PalmerSupreme Court of Missouri · 1886
  3. White v. Milwaukee City Railway Co.Wisconsin Supreme Court · 1884
  4. White v. MaxcySupreme Court of Missouri · 1877
  5. Sullivan v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1885

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3Cited by81 opinions

  1. Moore v. Ready Mixed Concrete CompanySupreme Court of Missouri · 1959
  2. Dunham v. Village of CanisteoNew York Court of Appeals · 1952
  3. City of South Bend v. TurnerIndiana Supreme Court · 1901
  4. Smart v. Kansas CitySupreme Court of Missouri · 1907
  5. McCahill v. New York Transportation Co.New York Court of Appeals · 1911

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