Sidekum v. Wabash, St. Louis & Pacific Railway Co.
Supreme Court of Missouri
Appeal from, Buchanan Circuit Court. — Hon. Jos. P. G-bubb, Judge. (1) The court erred in refusing to require Mrs. Sidekum to submit to a physical examination by physicians and surgeons, upon proper conditions. Shepard v. Railroad, 85 Mo. 629; White v. Railroad, 20 Cent. Law Jour. 11; Hatfield r>. Railroad, 18 A. & E. Ry. Cases, 292 and note. (2) It was error to admit evidence to prove a bad condition of appellant’s track at other places than that of the accident.
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Appeal from, Buchanan Circuit Court. — Hon. Jos. P. G-bubb, Judge. (1) The court erred in refusing to require Mrs. Sidekum to submit to a physical examination by physicians and surgeons, upon proper conditions. Shepard v. Railroad, 85 Mo. 629; White v. Railroad, 20 Cent. Law Jour. 11; Hatfield r>. Railroad, 18 A. & E. Ry. Cases, 292 and note. (2) It was error to admit evidence to prove a bad condition of appellant’s track at other places than that of the accident. Hipsley v. Railroad, 88 Mo. 848 ; Roilroad v. Huntley, 38 Mich. 537; Kinney ■0. Railroad, 70 Mo. 243 ; Maguire v. Railroad, 115…
1Opinion of the CourtRay, J.
Plaintiffs, who are husband and wife, brought this action in the circuit court of Buchanan county, Missouri, to recover damages for personal injuries to the wife while traveling as a passenger on a freight train of defendant, between the stations of Lathrop or Converse, and Lawson, on the twenty-fourth day of July, 1883. Upon a trial of the cause, plaintiffs obtained a verdict and judgment, in the sum of six thousand dollars, from which defendant has prosecuted this appeal to this'court.
*403The grounds relied on for a reversal of the said judgment, as stated by counsel for defendant, are: (1)…
2Cases cited5 opinions
- Brown v. SwinefordWisconsin Supreme Court · 1878
- Loyd v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1873
- Hipsley v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1885
- Shepard v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1885
- Stoher v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1887
3Cited by23 opinions
- City of South Bend v. TurnerIndiana Supreme Court · 1901
- Owens v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1888
- Mahaney v. St. Louis & Hannibal RailroadSupreme Court of Missouri · 1891
- Ala. Great Southern R. R. v. HillSupreme Court of Alabama · 1890
- Evans v. Town of TrentonSupreme Court of Missouri · 1892
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