Lemen v. Kansas City Southern Railroad
Missouri Court of Appeals
Appeal from. Jackson Circuit Court. — Ho». Herman Brumbach, Judge. (1) The evidence was not admissible as a part of the res gestae. Wigmore, Evidence, secs. 1747,1749;, 1750; Ruschenberg v. Railroad, 161 Mo. 70; Koenig v. Railroad, 173 Mo. 698; Redmon v. Railroad, 185 Mo. 1; Frye v. Railroad, 200 Mo. 377. (2) Tbe evidence was not admissible as an admission against interest.
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Appeal from. Jackson Circuit Court. — Ho». Herman Brumbach, Judge. (1) The evidence was not admissible as a part of the res gestae. Wigmore, Evidence, secs. 1747,1749;, 1750; Ruschenberg v. Railroad, 161 Mo. 70; Koenig v. Railroad, 173 Mo. 698; Redmon v. Railroad, 185 Mo. 1; Frye v. Railroad, 200 Mo. 377. (2) Tbe evidence was not admissible as an admission against interest. Tbe declaration was not that of an agent, made in the course of dealings -with third parties, but was a report made to his own principal, and not intended for anyone else. It was not, therefore, the admission of the…
1Opinion of the CourtBroaldus, P. J.
This action' is for damages resulting from the destruction of plaintiff’s barn by fire alleged to have been started by one of defendant’s locomotives. The jury returned a verdict in favor of defendant but the court granted plaintiff a new trial on the ground that “the court erred in rejecting the offer by plaintiff to prove the report made by the conductor Gibson and the offer to prove the custom of trainmen to report fires.”
The evidence of plaintiff tends to show that his barn which was in the country and near defendant’s railroad was destroyed by fire started by a spark from the engine of a…
2Cases cited5 opinions
- Redmon v. Metropolitan Street RailwaySupreme Court of Missouri · 1904
- Frye v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1906
- Phillips v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1908
- Ruschenberg v. Southern Electric RailroadSupreme Court of Missouri · 1901
- Koenig v. Union Depot Railway Co.Supreme Court of Missouri · 1903
3Cited by3 opinions
- State ex rel. Kroger Co. v. CraigMissouri Court of Appeals · 1959
- Downing v. St. Louis-San Francisco Railway Co.Missouri Court of Appeals · 1926
- Kutchera v. Minneapolis, St. P. S. Ste. M.R. Co.North Dakota Supreme Court · 1926