Legal Opinion

Booker v. Southwest Missouri Railroad

Missouri Court of Appeals

Decided May 2, 1910PublishedCited by 6 opinions

Appeal from Jasper Circuit Court. — Hon. Howard Oray} Judge. (1) Instruction number 5, given on behalf of plaintiff, should have been refused, and instruction 0, asked by defendant, given, as all the testimony on the question shows the sleet storm, to have been extraordinary and unusual, and it is in conflict with instruction number 10, given for defendant.

Read the full summary

Appeal from Jasper Circuit Court. — Hon. Howard Oray} Judge. (1) Instruction number 5, given on behalf of plaintiff, should have been refused, and instruction 0, asked by defendant, given, as all the testimony on the question shows the sleet storm, to have been extraordinary and unusual, and it is in conflict with instruction number 10, given for defendant. Turner v. BOarr, 114 Mo. 346; McPherson v. Railroad, 97 Mo. 253; Stoher v. Railroad, 105 Mo. 195; Flori v. Railroad, 69 Mo. 341. (2) The petition alleges plaintiff has “been put to great expense for medical attendance and nurses and for…

1Opinion of the CourtNixon, P. J.

I. Appellant contends that respondent’s attorney- was guilty of misconduct in' his. opening statement, and was permitted to make an'argument of the case tending to prejudice and inflame the minds of the jurors and that he was also guilty of prejudicial conduct during the examination of witnesses. Another objection is that the court allowed improper and incompetent evidence to be introduced by the respondent over the objections of appellant. Also,, that the court allowed the witnesses to give their opinions and conclusions, over the appellant’s objections. To all of these objections, the…

2Cases cited24 opinions

  1. Buesching v. St. Louis Gaslight Co.Supreme Court of Missouri · 1880
  2. Geismann v. Missouri-Edison Electric Co.Supreme Court of Missouri · 1903
  3. Harrison v. Kansas City Electric Light Co.Supreme Court of Missouri · 1906
  4. McLaughlin v. Louisville Electric Light Co.Court of Appeals of Kentucky · 1896
  5. Donohue v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1886

19 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Sinnamon v. MooreMissouri Court of Appeals · 1912
  2. South Side Realty Co. v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1911
  3. Brown v. CampbellMissouri Court of Appeals · 1949
  4. Clonts v. Laclede Gas Light Co.Missouri Court of Appeals · 1911
  5. Smissman v. WellsMissouri Court of Appeals · 1923

1 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API