Langston v. Southern Electric Railroad
Supreme Court of Missouri
Appeal from Gasconade Circuit Court. — Hon. Rudolph Hirzel, Judge. (1) The court erred in admitting irrelevant, immaterial and incompetent evidence. Mr. Allen, being examined by appellee,-testified: “I am superintendent of defendant in charge of motorneers and conductors, and of instructing motorneers in the way of handling the cars. I hired Mr.. Leslie. I had been superintending nearly 4 years before this accident happened.
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Appeal from Gasconade Circuit Court. — Hon. Rudolph Hirzel, Judge. (1) The court erred in admitting irrelevant, immaterial and incompetent evidence. Mr. Allen, being examined by appellee,-testified: “I am superintendent of defendant in charge of motorneers and conductors, and of instructing motorneers in the way of handling the cars. I hired Mr.. Leslie. I had been superintending nearly 4 years before this accident happened. Q. Are you able to state as to his competency or not? A. Yes, sir. Q. And are you able to state whether on that day in September he was competent or not? Objected to as…
1Opinion of the CourtWilliams, J.
— This suit is for $10,000 damages on account of an injury alleged to have been sustained by plaintiff, while a passenger on one of defendant’s cars, in consequence of the incompetency and negligence of the persons in charge of the same. The accident occurred on the eighteenth of September, 1892.
The case has been tried four times. The jury failed to agree on two occasions, and upon the third, plaintiff obtained a verdict for $2,500. This was set aside as excessive by the learned judge who presided at the trial. The last time the case was heard, $5 were awarded plaintiff, and, from a judgment…
2Cases cited5 opinions
- Teerpenning v. . the Corn Exchange Ins. Co.New York Court of Appeals · 1871
- Gutridge v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- State ex rel. Albers v. HornerSupreme Court of Missouri · 1885
- Boettger v. Scherpe & Koken Architectural Iron Co.Supreme Court of Missouri · 1896
- McShane v. SandersonSupreme Court of Missouri · 1891
3Cited by10 opinions
- O'Leary v. Scullin Steel CompanySupreme Court of Missouri · 1924
- Glasgow v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1905
- Taylor v. Grand Avenue RailwaySupreme Court of Missouri · 1904
- Wood v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1904
- Spaulding v. City of EdinaMissouri Court of Appeals · 1906
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