Johnson v. Springfield Traction Co.
Missouri Court of Appeals
Appeal from Greene County Circuit Court. — Hon. Guy D. Kirby, Judge. (1) The court erred in permitting so-called hypothetical questions to be propounded which did not embrace all the facts and circumstances in evidence in the case. Smith v. M. & K. Tel. Go., 113 Mo. App.-429; Bragg v. Railway Co., 192 Mo. 33Í; Glasgow v. Railway Co., 191 Mo. 347; Spaulding v. City of Edina, 122 Mo. App.- 65; State v. Forsha, 190 Mo. 296; Smith v. Kansas City, 125 Mo.
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Appeal from Greene County Circuit Court. — Hon. Guy D. Kirby, Judge. (1) The court erred in permitting so-called hypothetical questions to be propounded which did not embrace all the facts and circumstances in evidence in the case. Smith v. M. & K. Tel. Go., 113 Mo. App.-429; Bragg v. Railway Co., 192 Mo. 33Í; Glasgow v. Railway Co., 191 Mo. 347; Spaulding v. City of Edina, 122 Mo. App.- 65; State v. Forsha, 190 Mo. 296; Smith v. Kansas City, 125 Mo. App. 150; Baeher v. Union Co., 133 Mo. App. 541; Taylor v. Grand Ave. Co., 191 Mo. 347; Heiberger v. Tel. Co., 133 Mo. App. 452. (2) Before…
1Dissent
DISSENTING OPINION.
STURGIS, J.
I concur in the opinion of Judge Farrington in this case except as to the construction placed by him on the opinion in Boyd v. Railroad, 249 Mo. 110, 155 S. W. 13, as to the measm^e of damages under section 5425, Revised Statutes 1909. My views on this matter were expressed to some extent in Harshaw v. Railroad, 159 S. W. 1, to which I again refer. As pointed out in the majority opinion, this question has also been before both the other Courts of Appeals and those courts have the same difficulty we have in understanding the full scope of the Boyd case, supra. It…
2Cases cited10 opinions
- Parsons v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Barth v. Kansas City Elevated Railway Co.Supreme Court of Missouri · 1898
- McGowan v. St. Louis Ore & Steel Co.Supreme Court of Missouri · 1891
- Boyd v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1911
- Young v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1910
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