Jewell v. Excelsior Powder Manufacturing Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Eon. Herman BrumbacJc, Judge. (1) The court erred in admitting Mr. Lemley’s conversation with the deceased after the explosion. Redman v. Railroad 185 Mo. 11; Leahy v. Railroad, 97 Mo. 165; Dunlap v. Railroad, 145 Mo. App. 215;' Lee v. Railroad, 112 Mo.
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Appeal from Jackson Circuit Court. — Eon. Herman BrumbacJc, Judge. (1) The court erred in admitting Mr. Lemley’s conversation with the deceased after the explosion. Redman v. Railroad 185 Mo. 11; Leahy v. Railroad, 97 Mo. 165; Dunlap v. Railroad, 145 Mo. App. 215;' Lee v. Railroad, 112 Mo. App. 372. (2) The court erred in admitting the testimony of witness, Freeman Bailey, as to the switch and as to the contrivances mentioned in the specifications of negligence set out in the petition. Turner v. ITaar, 114 Mo. 335; Graney v. Railroad, 157 Mo. 666; Steinhauser v. Sprawl, 127 Mo. 541; Berning…
1Opinion of the CourtJohnson, J.
— This is a suit by the widow of Lindsay Jewell to recover damages for the death of her husband which she alleges was caused by negligence of defendant, his employer. At the first trial the jury in obedience to a peremptory instruction returned a verdict for defendant. Subsequently the court sustained a motion for a new trial on the ground that the evidence aided by admissions in the answer of defendant made a case to go to the jury. Defendant appealed but we affirmed the judgment granting a new trial. [143 Mo. App. 200.]
*558After our mandate was issued defendant filed an amended answer in the…
2Cases cited4 opinions
- State v. MartinSupreme Court of Missouri · 1894
- Turner v. HaarSupreme Court of Missouri · 1893
- Tallman v. NelsonMissouri Court of Appeals · 1910
- Jewell v. Excelsior Powder Manufacturing Co.Missouri Court of Appeals · 1910
3Cited by5 opinions
- Giles v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1913
- Vaughan v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1914
- Unrein v. Oklahoma Hide Co.Supreme Court of Missouri · 1922
- Venters v. BunnellMissouri Court of Appeals · 1936
- Klass v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1913