Gibler v. Quincy, Omaha & Kansas City Railroad
Missouri Court of Appeals
Appeal from Knox Circuit Court. — Eon. Chas. D. Stewart, Judge. (1) It was error to allow Doctors Morris and Jurgens to testify as to their opinion of plaintiff’s condition from their subjective examination of him. The statements upon which they based this opinion were made by plaintiff at the time of an examination, was not before the court, and was not sworn to. In Livery Co. v. Railroad, 105 Mo.
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Appeal from Knox Circuit Court. — Eon. Chas. D. Stewart, Judge. (1) It was error to allow Doctors Morris and Jurgens to testify as to their opinion of plaintiff’s condition from their subjective examination of him. The statements upon which they based this opinion were made by plaintiff at the time of an examination, was not before the court, and was not sworn to. In Livery Co. v. Railroad, 105 Mo. App. 556, the St. Louis Court of Appeals quotes approvingly from State v. Bowman, 78 N. C. 509; Taylor v. Railroad, 185 Mr. 239. (2) There is no evidence of negligence upon which to base…
1Opinion of the CourtGoode, J.
Plaintiff while a member of a carpenter and bridge gang of employees in the service of defendant company, was hurt January 19, 1906, by a fall from a car and instituted this action to recover damages for the injury. On the day named plaintiff and his gang, which had been working at Edina, a station on defendant’s line, started to Brashear, another station twelve miles west of Edina. A construction train consisting of three cars accompanied the bridge crew. One of the cars was used for the carriage of material, another for tools and the third as a “bunk” and dining car. The latter was a box or…
2Cases cited8 opinions
- Feary v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1901
- LaForce v. Williams City Fire InsuranceMissouri Court of Appeals · 1891
- St. Louis, Keokuk & Northwestern Railroad v. St. Louis Union Stock Yards Co.Supreme Court of Missouri · 1894
- Lafayette County Bank v. MetcalfMissouri Court of Appeals · 1888
- Chouquette v. BaradaSupreme Court of Missouri · 1859
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Gibler v. Quincy, Omaha & Kansas City RailroadMissouri Court of Appeals · 1910
- Missouri, Kansas & Texas Railway Co. v. ThomasCourt of Appeals of Texas · 1910
- Poumeroule v. Postal Telegraph Cable Co.Missouri Court of Appeals · 1912
- Weaver v. Mobile Ohio Railroad Co.Supreme Court of Missouri · 1938
- Sund v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Minnesota · 1925
6 more not listed; retrieve them via the Exa API.