Leavea v. Southern Railway Co.
Missouri Court of Appeals
' Appeal from St. Louis City Circuit Court. — Hon. James E. Withrow, Judge. As the watchman had died in the meantime, plaintiff was disqualified as a witness and should not have been allowed to testify as to Ms transactions and altercations and trouble with tbe watchman. Darks v. Grocer Co., 146 Mo. App. 254; Carroll v. Eailroad, 157 Mo. App. 247; Lieber v. Lieber, 239 Mo. 1; Anderson v. Eailroad, 120 S. W. 298. The plaintiff was a competent witness.
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' Appeal from St. Louis City Circuit Court. — Hon. James E. Withrow, Judge. As the watchman had died in the meantime, plaintiff was disqualified as a witness and should not have been allowed to testify as to Ms transactions and altercations and trouble with tbe watchman. Darks v. Grocer Co., 146 Mo. App. 254; Carroll v. Eailroad, 157 Mo. App. 247; Lieber v. Lieber, 239 Mo. 1; Anderson v. Eailroad, 120 S. W. 298. The plaintiff was a competent witness. The statutes do not apply to this sort of a suit and the general and universal practice is to allow the plaintiff to testify in this sort of a…
1Opinion of the CourtNobtoni, J.
This is a suit for damages accrued to plaintiff on account of personal injuries received through an assault upon him by defendant’s agent. Plaintiff recovered and defendant prosecutes the appeal.
It appears that while plaintiff was delivering some goods for shipment at defendant’s freight depot, he became engaged in a controversy with its watchman there employed. As a result of this controversy, defendant ’s agent, the watchman, Teague, assaulted plaintiff, inflicting injuries upon him and thus occasioned the damage for which he sues. Because of this assault and the injuries so received,…
2Cases cited13 opinions
- Mellor v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Judd v. WalkerSupreme Court of Missouri · 1908
- Lieber v. LieberSupreme Court of Missouri · 1911
- Williams v. EdwardsSupreme Court of Missouri · 1887
- Casey v. St. Louis Transit Co.Missouri Court of Appeals · 1905
8 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Freeman v. BerberichSupreme Court of Missouri · 1933
- State Ex Rel. Thomas v. DauesSupreme Court of Missouri · 1926
- Daniels v. GoekeMissouri Court of Appeals · 1915
- Leavea v. Southern Railway Co.Supreme Court of Missouri · 1915
- F. Hattersley Brokerage & Commission Co. v. HumesMissouri Court of Appeals · 1916