Brown v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from Pettis Circuit Court. — Hoot. George F. Longan, Judge. (1) It was error for the court below to permit plaintiff to introduce in evidence the pleadings and judgment in the case of Olivia A. Brown v. The Mo. Pac. Ey. Co., in support of plaintiff’s plea of former adjudication, contained in his reply.
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Appeal from Pettis Circuit Court. — Hoot. George F. Longan, Judge. (1) It was error for the court below to permit plaintiff to introduce in evidence the pleadings and judgment in the case of Olivia A. Brown v. The Mo. Pac. Ey. Co., in support of plaintiff’s plea of former adjudication, contained in his reply. (2) Albert S. Brown, sole plaintiff in the present case, was not only not a necessary party to the former suit of Olivia A. Brown, but he was not a real or even a proper party to that suit. He had no interest in the suit, nor in the judgment after its rendition. This will not, we…
1Opinion of the CourtSmith, P. J.
The case which the defendant’s appeal has brought before us is this: the plaintiff and wife in a joint action had recovered a final judgment against the defendant for personal injuries to the wife. The petition in that action in substance alleged: 1. That, plaintiff’s wife, with her horse and buggy, was driving toward home in the city of Sedalia, along a public traveled street, running near to and parallel with defendant’s railroad track. 2. That as she drove along said street, there was standing on said railroad track, a locomotive engine, which was not in motion, nor throwing off steam, but…
2Cases cited6 opinions
- Cromwell v. County of SacSupreme Court of the United States · 1877
- Harmon v. Auditor of Public AccountsIllinois Supreme Court · 1887
- Western M. & M. Co. v. Virginia Cannel Coal Co.West Virginia Supreme Court · 1877
- Gallaher v. City of MoundsvilleWest Virginia Supreme Court · 1891
- Young v. ByrdSupreme Court of Missouri · 1894
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Womach v. City of St. JosephSupreme Court of Missouri · 1907
- Henderson v. United States Radiator CorporationCourt of Appeals for the Tenth Circuit · 1935
- Lansburgh & Bro. v. ClarkCourt of Appeals for the D.C. Circuit · 1942
- Laskowski v. People's Ice Co.Michigan Supreme Court · 1918
- Reconstruction Finance Corp. v. First National BankDistrict Court, D. Wyoming · 1955
7 more not listed; retrieve them via the Exa API.