Sullivan v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from Jackson Circuit Court. (1) The plaintiff should have been require to produce the family Bible in which the date of his birth was recorded. That was the best evidence. (2) The court erred in permitting the witness Stanley to testify as to speed of the train. He expressly admitted that ho knew nothing about such matters, and was then permitted to guess at it.
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Appeal from Jackson Circuit Court. (1) The plaintiff should have been require to produce the family Bible in which the date of his birth was recorded. That was the best evidence. (2) The court erred in permitting the witness Stanley to testify as to speed of the train. He expressly admitted that ho knew nothing about such matters, and was then permitted to guess at it. (3) Plaintiff’s instruction number 4 Avas calculated to mislead the jury and direct their minds from the real issue and should not have been given. Elliott v. Keith, 32 Mo. App. 579; Price v. Toivn of Breckenridge, 92 Mo. 378;…
1Opinion of the Court
DIVISION ONE.
Brace, J.
— On the third of August, 1889, at the crossing of Lydia avenue and Front street in the city of Kansas, an old lady, Mrs. Ellen Sullivan, was run over and killed by a train of defendant’s freight cars being propelled by a switch engine along said Front street, and over said crossing.
In .this action afterwards instituted by the plaintiff, her only minor child, he obtained judgment in the circuit court of Jackson county for $5,000, under the statute, for her death. The defendant- appeals.
By the ordinance of the city of Kansas the running of a locomotive and cars within the…
2Cases cited7 opinions
- Harlan v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1877
- Kellny v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
- Maher v. Atlantic & Pacific RailroadSupreme Court of Missouri · 1876
- Eswin v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1888
- Dunkman v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1888
2 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Mockowik v. Kansas CitySupreme Court of Missouri · 1906
- State Ex Rel. Fleming v. BlandSupreme Court of Missouri · 1929
- Weller v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Missouri · 1894
- Neary v. Northern Pacific Railway Co.Montana Supreme Court · 1910
- Labarge v. Pere Marquette RailroadMichigan Supreme Court · 1903
19 more not listed; retrieve them via the Exa API.