Pope v. Ramsey
Missouri Court of Appeals
Appeal from the Gasconade Circuit Court. — Hon. E. Hirzel, Judge. (1) The testimony of all the witnesses introduced by plaintiff to prove tbe number of ties cut from tbe land in controversy was too vague, uncertain and conjectural to constitute any evidence, and tbe court erred in admitting it over defendants’ objections. No measurements were made by any witness^ and only small portions of the land were examined here and there. Tbe opinions were random guesses.
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Appeal from the Gasconade Circuit Court. — Hon. E. Hirzel, Judge. (1) The testimony of all the witnesses introduced by plaintiff to prove tbe number of ties cut from tbe land in controversy was too vague, uncertain and conjectural to constitute any evidence, and tbe court erred in admitting it over defendants’ objections. No measurements were made by any witness^ and only small portions of the land were examined here and there. Tbe opinions were random guesses. Measurements of land and timber could have been made, and tbe case was easily susceptible of better evidence. Murpby v. Murpby, 22…
1Opinion
ON MOTION EOR REHEARING.
ELLISON, J.
We are asked to grant a rehearing in this cause. The reasons assigned and brief and argument in support are mainly a repetition of the original brief and oral argument. Evidently defendants regard the action of the jury in finding the verdict against them as unjust. But *164with this we have no concern further than to see that it has legal testimony tending to support it, and that the instructions have been properly passed on by the court.
The trial court was amply supported in admitting the testimony of witnesses objected to, and which we discussed in the…
2Cases cited8 opinions
- Hill v. Meyer Brothers' Drug Co.Supreme Court of Missouri · 1897
- Coombs Commission Co. v. BlockSupreme Court of Missouri · 1895
- Elsner v. Supreme Lodge, Knights & Ladies of HonorSupreme Court of Missouri · 1889
- Greenwell v. CrowSupreme Court of Missouri · 1881
- Eyerman v. SheehanSupreme Court of Missouri · 1873
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