Kaminski v. Tudor Iron Works
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Wm. ZachritZj Judge. (1) In no case should expert or opinion testimony be received except it be based upon facts already established and asked of witnesses duly qualified as experts. 2 Eice on Evidence, 328, 358; Kaiser v. Eailroad, 66 Mich. 390; Van Wycklen v. Brooklyn, 118 N. Y. 430; U. S. v. Pendergast, 32 Eed. 201; Ilopt v. Utah, 120 U. S. 437; Senn v. Eailroad, 108 Mo. 150; Euss v. Eailroad, 112 Mo. 48; Colb v. Sandwich…
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Appeal from St. Louis City Circuit Court. — Hon. Wm. ZachritZj Judge. (1) In no case should expert or opinion testimony be received except it be based upon facts already established and asked of witnesses duly qualified as experts. 2 Eice on Evidence, 328, 358; Kaiser v. Eailroad, 66 Mich. 390; Van Wycklen v. Brooklyn, 118 N. Y. 430; U. S. v. Pendergast, 32 Eed. 201; Ilopt v. Utah, 120 U. S. 437; Senn v. Eailroad, 108 Mo. 150; Euss v. Eailroad, 112 Mo. 48; Colb v. Sandwich Co., 36 111. App. 424; Benjamin v. Eailroad, 50 Mo. App. 607. (2) It was the duty of the master to furnish a sufficient…
1Opinion of the CourtRobinson, J.
This is a suit by plaintiff to recover damages for the loss of a thumb alleged to have been caused by the negligence of defendants. The negligence charged in plaintiff’s petition is twofold: first, the failure of defendant to provide a reasonably safe appliance with which to do the work he and others engaged with him were required to perform, in this, that the derrick or hoisting machine (at which he and his co-laborers were working) was not furnished with a brake-dog to arrest or stay the load that was placed upon its arms or crane, while being hoisted or lowered by use of the machine; and,…
2Cited by13 opinions
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- Ramp v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1908
- Guthrie v. GillespieSupreme Court of Missouri · 1928
- Crecelius v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Missouri · 1920
- Big Hill Coal Co. v. Abney's Admr.Court of Appeals of Kentucky · 1907
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