Grube v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from Cass Circuit Court. — Hon. Noaii M. Ctvan, Judge. (1) The court erred in admitting testimony of the witnesses for the plaintiff as to the general reputation of O’Neal as being an incompetent and unskilful servant. (2) The court erred in admitting isolated acts of negligence on the part of said O’Neal. Railroad r>. Gilbert, 2 Am. & Eng. R. R. Cases, 233. (3) The court erred in admitting the ordinances of the City of Kansas in evidence.
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Appeal from Cass Circuit Court. — Hon. Noaii M. Ctvan, Judge. (1) The court erred in admitting testimony of the witnesses for the plaintiff as to the general reputation of O’Neal as being an incompetent and unskilful servant. (2) The court erred in admitting isolated acts of negligence on the part of said O’Neal. Railroad r>. Gilbert, 2 Am. & Eng. R. R. Cases, 233. (3) The court erred in admitting the ordinances of the City of Kansas in evidence. Rafferty v. Railroad, 91 Mo. 33 ; Ileeney v. Sprague, 11 R. I. 456 ; Gaines v. Buford, 1 Dana (Ky.) 479-490; Meyers v. Railroad, 7 Am. & Eng. R. R.…
1Opinion of the CourtBlack, J.
— The plaintiff is the widow of Frank T. Grube. She brought this suit to recover damages for the death of her husband, who was injured in the defendant’s switch yards at Kansas City on the twentieth of November, 1883, and from which injuries he died two or three days later. There was a verdict and judgment for plaintiff and the defendant appealed.
There are some facts set out in the petition, disclosed by the evidence on both sides, and about which there is no dispute, and they are in substance these : The accident occurred between half past six and seven o’clock in the afternoon on side track…
2Cases cited5 opinions
- Crowley v. Burlington, Cedar Rapids & Northern R'y Co.Supreme Court of Iowa · 1885
- Toledo, Peoria & Warsaw Railway Co. v. DeaconIllinois Supreme Court · 1872
- Merz v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1886
- Mobile & Ohio Railroad v. StateMississippi Supreme Court · 1875
- Rafferty v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1886
3Cited by22 opinions
- Sluder v. St. Louis Transit Co.Supreme Court of Missouri · 1905
- Western Stone Co. v. WhalenIllinois Supreme Court · 1894
- Jackson v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1900
- Southern Pac. Co. v. HetzerCourt of Appeals for the Eighth Circuit · 1905
- Baltimore & Ohio Southwestern Railway Co. v. PetersonIndiana Supreme Court · 1901
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