Wernwag v. Chicago & Alton Railway Co.
Missouri Court of Appeals
Appeal from Lafayette Circuit Court, Hon. John P. Strother, Judge. The case is stated in the opinion. I. The court erred in admitting as evidence the deposition of Beebe. It is made np of hearsay evidence. He admits that of Ms own knowledge, he-don’t know how much wheat there was in the car. So, also, as to the deposition of Roach.
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Appeal from Lafayette Circuit Court, Hon. John P. Strother, Judge. The case is stated in the opinion. I. The court erred in admitting as evidence the deposition of Beebe. It is made np of hearsay evidence. He admits that of Ms own knowledge, he-don’t know how much wheat there was in the car. So, also, as to the deposition of Roach. The deposition showed that there was better evidence; “the best attainable evidence must be produced.” 1 Greenleaf on Evidence, sections 99, 82 ; Redfield’s 12th Ed. II. The court erred in giving the second instructions asked for by plaintiff. The law authorizes no…
1Opinion of the CourtEllison, J.
This action is to hold the defendant liable in damages for the loss of one hundred and forty-five bushels of wheat, which plaintiff shipped on defendant’s road, and alleges that defendant negligently lost, while in transit from the town of May view to the- city of Chicago. Plaintiff claims that defendant violated its contract as a common carrier of freight in failing to deliver to-plaintiff or his consignee in Chicago, the one hundred and forty-five bushels of wheat, and asks judgment for $123.25.
The verdict was for plaintiff, and defendant appeals.
On the trial, the plaintiff was permitted to…
2Cases cited1 opinion
- Adae & Co. v. ZangsSupreme Court of Iowa · 1875
3Cited by6 opinions
- State v. MagersOregon Supreme Court · 1899
- Green v. StateCourt of Criminal Appeals of Texas · 1908
- Stavinow v. Home InsuranceMissouri Court of Appeals · 1891
- Western Advertising Co. v. Star Publishing Co.Missouri Court of Appeals · 1909
- Misher v. StateCourt of Criminal Appeals of Texas · 1912
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