Partello v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from Jackson Circuit Court.- — Ron. Edw. P. Gates, Judge. (1) The court committed error in permitting the plaintiff to read depositions of non-expert witnesses, in which they expressed opinions as to her physical condition.
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Appeal from Jackson Circuit Court.- — Ron. Edw. P. Gates, Judge. (1) The court committed error in permitting the plaintiff to read depositions of non-expert witnesses, in which they expressed opinions as to her physical condition. Sharp v. Railroad, 114 Mo. 94; Railroad v. Demsey, 89 S. W. 786. (2) The court committed error in giving plaintiff’s instruction 5, on the measure of damages. 1. Said instruction amounted practically to a statement to the jury that, in the opinion of the court, the evidence warranted them in returning a verdict for any sum up to $50,000. Bryan v. Acee, 27 G-a. 87;…
1Opinion of the CourtBurgess, J.
This is an action for damages for personal injuries received by plaintiff in a collision occuring on defendant’s railroad, and alleged to have been caused by the negligence of defendant, its agent and servants. The jury trying the cause returned a verdict for $30,000 in favor of plaintiff, and judgment was rendered accordingly. Afterwards, upon the hearing of defendant’s motion for a new trial and in arrest of judgment, plaintiff, by attorney, remitted $10’,000 of said judgment. The court overruled defendant’s said motions, whereupon an appeal was taken to this court.
Plaintiff is the wife of…
2Cases cited7 opinions
- State v. DavidSupreme Court of Missouri · 1895
- Chlanda v. St. Louis Transit Co.Supreme Court of Missouri · 1908
- Devoy v. St. Louis Transit Co.Supreme Court of Missouri · 1905
- Gibney v. St. Louis Transit Co.Supreme Court of Missouri · 1907
- Logan v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1904
2 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- State Ex Rel. St. Joseph Belt Railway Co. v. ShainSupreme Court of Missouri · 1937
- Grodsky v. Consolidated Bag Co.Supreme Court of Missouri · 1930
- Henderson v. DreyfusNew Mexico Supreme Court · 1919
- Steffen Ex Rel. Steffen v. Southwestern Bell Telephone Co.Supreme Court of Missouri · 1932
- Lyons v. St. Joseph Belt Railway Co.Missouri Court of Appeals · 1937
26 more not listed; retrieve them via the Exa API.