Scoville v. Hannibal & St. Joseph Railroad
Supreme Court of Missouri
Appeal from, Livingston Circuit Court. — Hon. J. M. Davis, Judge. The court erred in permitting to be read, against objection, the alleged statements of Dr. Loomis at a former trial, from the bill of exceptions. Jaccard v. Anderson, 37 Mo. 94; Morris v. Hammerle, 40 Mo. 490; Donnell v. Byern, 80 Mo. 335; 1 Green!. Evid., sec. 503. The testimony of Loomis in former bill of exceptions was properly admitted in evidence on the last trial. Franldin v. Owner seU, 11 Mo.
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Appeal from, Livingston Circuit Court. — Hon. J. M. Davis, Judge. The court erred in permitting to be read, against objection, the alleged statements of Dr. Loomis at a former trial, from the bill of exceptions. Jaccard v. Anderson, 37 Mo. 94; Morris v. Hammerle, 40 Mo. 490; Donnell v. Byern, 80 Mo. 335; 1 Green!. Evid., sec. 503. The testimony of Loomis in former bill of exceptions was properly admitted in evidence on the last trial. Franldin v. Owner seU, 11 Mo. App. 314, and cases cited. Its admission, at least, is not an error for which the j udgment should be reversed. It was not…
1Opinion of the Court
Nortoít, C. J.
This is an action brought by plaintiff to recover damages for the death of her minor son, alleged to have been occasioned by the negligence of defendant, and the case is before ns on defendant’s appeal from a judgment rendered, in favor of plaintiff, and. the action of the court in receiving evidence, and in giving and refusing instructions, is assigned for error. The case has once before been in this court, and is reported in 81 Mo. 434, from which it appears that the court, after holding that the facts in evidence warranted the trial court in submitting the case to the jury,…
2Cases cited3 opinions
- State v. AbleSupreme Court of Missouri · 1877
- Jaccard v. AndersonSupreme Court of Missouri · 1865
- Scoville v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1884
3Cited by5 opinions
- Davis v. KlineSupreme Court of Missouri · 1888
- Welp v. BogyMissouri Court of Appeals · 1925
- Simmons v. SprattSupreme Court of Florida · 1890
- Walker v. HoeffnerMissouri Court of Appeals · 1893
- Ely-Walker Dry Goods Co. v. McLaughlin, Dyer & Co.Missouri Court of Appeals · 1901