Cooke v. Kansas City, Fort Scott & Memphis Railroad
Missouri Court of Appeals
Appeal from the Barton Circuit Court. — Hon. D. P. Stratton, Judge. (1) All that part of plaintiff’s testimony, as well, that of Ms witnesses as to what effect the getting heated and worried, etc., would have upon a lot of beef cattle was irrelevant, incompetent, intangible, speculative and wholly chimerical, and was but the expression of the opinion of the witnesses, on a matter not the subject of expert testimony. Belch v.- Railroad, 18 Mo. App. 80; White v. Stoner, 18 Mo.
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Appeal from the Barton Circuit Court. — Hon. D. P. Stratton, Judge. (1) All that part of plaintiff’s testimony, as well, that of Ms witnesses as to what effect the getting heated and worried, etc., would have upon a lot of beef cattle was irrelevant, incompetent, intangible, speculative and wholly chimerical, and was but the expression of the opinion of the witnesses, on a matter not the subject of expert testimony. Belch v.- Railroad, 18 Mo. App. 80; White v. Stoner, 18 Mo. App. 540; Walton v. Railroad, 40 Mo. App. 547; Muff v. Railroad, 22 Mo. App. 584; Hurtv. Railroad, 94 Mo. 260;…
1Opinion of the CourtGill, J.
— Omitting formal allegations, plaintiff’s petition states: “That defendant kept and maintained at or near its depot, and adjoining its said railroad tracks, at the town of Kenoma, in said county of Barton, stock yards for the purpose of receiving and retaining cattle and other live stock brought to it for transportation at that point. That on the seventh day of March, 1892, the plaintiff, having previously arranged 'with the defendant, as such common carrier for compensation, to receive and transport for him over its said railroad five car loads of live cattle from its said depot at the town…
2Cases cited3 opinions
- Mason v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1887
- Bragg v. City of MoberlyMissouri Court of Appeals · 1885
- McCullough v. Wabash Western Railway Co.Missouri Court of Appeals · 1889
3Cited by7 opinions
- Manhattan Oil Co. v. MosbyCourt of Appeals for the Eighth Circuit · 1934
- St. Louis & San Francisco Railroad v. BeetsSupreme Court of Kansas · 1907
- Reading v. Chicago Burlington & Quincy RailroadMissouri Court of Appeals · 1912
- Tracy v. Chicago & Alton RailroadMissouri Court of Appeals · 1899
- Atchison, Topeka & Santa Fe Railway Co. v. WatsonSupreme Court of Kansas · 1905
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