Gurley v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from Bates Circuit Court. — Hon. James H. Lay, Judge. (1) The court erred in admitting the testimony of the witnesses, E. D. Mers and Geo. H. Short, regarding the custom of defendant’s employees to give signals when placing cars on the house track, and of plaintiff regarding his loss of earnings and of plaintiff and his witnesses Drs. Cundiff, Shuttleworth and Grant regarding the paralysis of his arm, against the objections of defendant.
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Appeal from Bates Circuit Court. — Hon. James H. Lay, Judge. (1) The court erred in admitting the testimony of the witnesses, E. D. Mers and Geo. H. Short, regarding the custom of defendant’s employees to give signals when placing cars on the house track, and of plaintiff regarding his loss of earnings and of plaintiff and his witnesses Drs. Cundiff, Shuttleworth and Grant regarding the paralysis of his arm, against the objections of defendant. Gahagan v. Railroad, 1 Allen, 187; Tenney v. Tuttle, 1 Allen, 186; Field v. Railroad, 76 Mo. 614; County v. Railroad, 22 S. W. Rep. 572; Mellwits v.…
1Opinion of the CourtGIantt, P. J.
This is an action for personal injury. This is the third appeal in this court. Plaintiff obtained a verdict and judgment in the circuit court, on the first trial, for $10,000, and the judgment was reversed and remanded. 93 Mo. 445. The second trial resulted in a verdict for $15,000, and the judgment was reversed and the cause remanded. 104 Mo. 211. At this last trial plaintiff recovered judgment for $6,000, and defendant again appeals. Sincb the appeal was taken plaintiff has died, and his administrator, B. A. Barnard, has been duly substituted on the record.
The injuries of plaintiff were…
2Cases cited5 opinions
- Slaughter v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1893
- Gurley v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Gurley v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Britton v. City of St. LouisSupreme Court of Missouri · 1894
- Smith v. Chicago & Alton RailroadSupreme Court of Missouri · 1893
3Cited by21 opinions
- Hall v. Manufacturers Coal & Coke Co.Supreme Court of Missouri · 1914
- Montgomery v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1904
- Erbes v. Union Electric CompanySupreme Court of Missouri · 1962
- Wilbur v. Southwest Missouri Electric Railway Co.Missouri Court of Appeals · 1905
- Moore v. St. Louis Transit Co.Supreme Court of Missouri · 1910
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