Legal Opinion

Heberling v. City of Warrensburg

Missouri Court of Appeals

Decided November 16, 1908PublishedCited by 1 opinion

Appeal from Pettis Circuit Court. — Hon. Louis Hoffman, Judge. (1) What witnesses said to street commissioner was hearsay — expression of an opinion. King v. Eailroad, 98 M'o. 235. This was a usurpation of the province of the jury. Schaefer v. Eailroad, 98 Mo. App. 432. (2) The court erred in proving city repaired street after the injury.

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Appeal from Pettis Circuit Court. — Hon. Louis Hoffman, Judge. (1) What witnesses said to street commissioner was hearsay — expression of an opinion. King v. Eailroad, 98 M'o. 235. This was a usurpation of the province of the jury. Schaefer v. Eailroad, 98 Mo. App. 432. (2) The court erred in proving city repaired street after the injury. Bailey v. Kansas City, 189 Mo. 503; Wojtylak v. Coal Co., 188 Mo. 286; State v. Todd, 194 Mo. 393. (3) The court refused to permit defendant to prove ditch was filled in the usual, ordinary and proper manner. An expert may testify from his personal knowledge…

1Opinion of the CourtEllison, J.

This action is for personal injury received on one of defendant’s streets by reason of plaintiff being thrown from a vehicle in which he was riding with a friend and receiving serious injury. The judgment was for plaintiff.

There was a former trial in which the verdict was for the defendant. The court granted plaintiff a new trial and defendant appealed to the Supreme Court where the order was affirmed (204 Mo. 604), and the trial now appealed from followed. By reference to that report there will be found a full statement of the facts upon which the case is founded and they need not be…

2Cases cited3 opinions

  1. Heberling v. City of WarrensburgSupreme Court of Missouri · 1907
  2. King v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1889
  3. Buckman v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1903

3Cited by1 opinion

  1. Asbury v. Kansas CityMissouri Court of Appeals · 1912

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