Hurt v. St. Louis, Iron Mountain & Southern Railway Co.
Supreme Court of Missouri
Appeal from Madison Circuit Court. — Hon. James D. ' Pox, Judge. (1) The court erred in admitting illegal and incompetent evidence offered by plaintiff. Belch v. Railroad, 18 ■ Mo. App. 8; Birneyn. Railroad, 20 Mo. App. 470; Railroad n. Beebe, 14 Neb. 472 ; City of Parsons v. Lindsay, 26 Kan. 430 ; Railroad v. Ball, 5 Ohio St. 571; Farr and v. Railroad, 21 Wis. 441. (2) The court committed error in rejecting legal and competent evidence offered by defendant. Allard n.
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Appeal from Madison Circuit Court. — Hon. James D. ' Pox, Judge. (1) The court erred in admitting illegal and incompetent evidence offered by plaintiff. Belch v. Railroad, 18 ■ Mo. App. 8; Birneyn. Railroad, 20 Mo. App. 470; Railroad n. Beebe, 14 Neb. 472 ; City of Parsons v. Lindsay, 26 Kan. 430 ; Railroad v. Ball, 5 Ohio St. 571; Farr and v. Railroad, 21 Wis. 441. (2) The court committed error in rejecting legal and competent evidence offered by defendant. Allard n. Lamer ande, 29 Wis. 502; Barker v. Barker, 14 Wis. 142; 2 Pom. Eq. Jur., sec. 936, also note 3 to sec. 940, and note 1 to sec.…
1Opinion of the CourtSherwood, J.
Action by plaintiff for injuries received by his minor son, a boy, about five years old, who was shaken from the front platform of a caboose and run over by a car of the defendant, in consequence of the caboose being struck by the train, from which it was detached, backing suddenly. The result of the accident was that one of the boy’s legs had to be amputated just below the knee, as well as the toes of the other foot. The plaintiff, his wife, and four children, aged respectively, one, five, seven, and ten years, took passage in the caboose of the defendant from Knob Lick to Eredericktown,…
2Cases cited7 opinions
- Lincoln v. Saratoga & Schenectady Rail RoadNew York Supreme Court · 1840
- Straus v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1881
- Kelly v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1879
- A. T. & S. F. Rld. Co. v. BrownSupreme Court of Kansas · 1881
- Burt v. WigglesworthMassachusetts Supreme Judicial Court · 1875
2 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Yarnell v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1893
- Fillingham v. St. Louis Transit Co.Missouri Court of Appeals · 1903
- Jackson v. Grand Avenue Railway Co.Supreme Court of Missouri · 1893
- McKeever v. BatchelerSupreme Court of Iowa · 1934
- Spencer v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1894
26 more not listed; retrieve them via the Exa API.