Schmitt v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court- — Hon. Jacob Klein, Judge. (1) The trial court abused its discretion in refusing ■appellants a new trial on the ground of newly-discovered evidence.
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Appeal from St. Louis City Circuit Court- — Hon. Jacob Klein, Judge. (1) The trial court abused its discretion in refusing ■appellants a new trial on the ground of newly-discovered evidence. The newly-discovered evidence goes to the merits of the ease; it is not merely cumulative, corroborative, or collateral; appellants were not guilty of laches in failing to produce this testimony at the trial; the utmost diligence was used to secure all facts relative to the injury; its object is not to impeach the credibility of the witnesses, and it is of such a character as ought to be decisive at…
1Opinion of the CourtBurgess, J.
This is an action by plaintiffs, father and mother of Albert B. O. Schmitt, deceased, to recover of defendant company five thousand dollars damages for the death of their son, by reason of the alleged negligence of defendant in failing to discover the boy on its track in time to have avoided the injury; the failure to ring the bell upon the engine, as required by the ordinance of the city of St. Louis, where the accident occurred, and by reason of having defective brakes on its train. No proof was offered upon the last ground of negligence alleged with respect to defective brakes, and it was…
2Cases cited11 opinions
- Hudson v. Wabash Western Railway Co.Supreme Court of Missouri · 1890
- Karle v. Kansas City, St. Joseph & Council Bluffs R. R.Supreme Court of Missouri · 1874
- Zimmerman v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1880
- Murray v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
- Hanlon v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
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3Cited by2 opinions
- Esler v. Wabash RailroadMissouri Court of Appeals · 1904
- State v. WalkerSupreme Court of Missouri · 1913