J. G. Seigle & Son v. Badger Lumber Co.
Missouri Court of Appeals
Appeal from Ray Circuit Court. — Rom J. W. Alexander, Judge. (.1) The court erred in admitting over defendant’s objections, the testimony of witnesses, East, Drordorff, Dye, Smith, Johnson, Sutherland and Baker. The evidence of these witnesses was not admissible in rebuttal. Chrystal v. Craig, 80 Mo. 367. The court erred in overruling appellant’s objection to the testimony relating to stock of neighboring yard.
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Appeal from Ray Circuit Court. — Rom J. W. Alexander, Judge. (.1) The court erred in admitting over defendant’s objections, the testimony of witnesses, East, Drordorff, Dye, Smith, Johnson, Sutherland and Baker. The evidence of these witnesses was not admissible in rebuttal. Chrystal v. Craig, 80 Mo. 367. The court erred in overruling appellant’s objection to the testimony relating to stock of neighboring yard. (3) Instruction No. 6 given for plaintiff is erroneous and misleading, for the reason, first; there is no evidence that the defendant denied liability; second, even if defendant did…
1Opinion of the CourtEllison, J.
This is an action on a policy of fire insurance on a lumber yard. The judgment in the trial court was for the plaintiff.
There are three points of objection to the judgment made by defendant. The first is that the court erred in the order of testimony which it permitted at the trial; that is to say, it ruled prejudicially to defendant in permitting evidence as to value of the lumber destroyed, to be introduced after the close of defendant’s case; it being stated that such evidence was not properly rebuttal. The rule is that the order of testimony is entrusted to the discretion of the trial…
2Cases cited3 opinions
- Weller v. Chicago, Milwaukee & St. Paul RailroadSupreme Court of Missouri · 1901
- Vining v. Franklin Fire InsuranceMissouri Court of Appeals · 1901
- Burns v. WhelanSupreme Court of Missouri · 1873
3Cited by2 opinions
- Busch v. WilcoxMichigan Supreme Court · 1890
- Cullen v. Insurance Co. of North AmericaMissouri Court of Appeals · 1907