Montgomery v. Deering Southwestern Railway Co.
Missouri Court of Appeals
Appeal from Pemiscot Circuit Court. — Row. Sterling R. McCarty, Judge. And such testimony as that above set out is merely opinions and conclusions and inadmissible.' Esebank v. Cy., 88 Mo. 650; Southern Iron Co. v. Smith, 257 Mo. App. 226; Dammann v., Cy., 152 Mo. 186; Fair Grieve v. Cy., 29 Mo. App 141; Walton v. Railroad, 40 Mo.
Read the full summary
Appeal from Pemiscot Circuit Court. — Row. Sterling R. McCarty, Judge. And such testimony as that above set out is merely opinions and conclusions and inadmissible.' Esebank v. Cy., 88 Mo. 650; Southern Iron Co. v. Smith, 257 Mo. App. 226; Dammann v., Cy., 152 Mo. 186; Fair Grieve v. Cy., 29 Mo. App 141; Walton v. Railroad, 40 Mo. App. 544. The case was tried on opinions and conclusions of plaintiff and his witnesses over our objections and exceptions — all of which the court promptly overruled. “An opinion hy a witness with regard to matters that the jury are as competent to judge as the…
1Opinion of the CourtFarrington, J.
This is a suit brought by respondent seeking recovery of double damages under section 3145, Revised Statutes 1909, for- injury to a cow owned by him alleged to have been struck by one of defendant’s trains at a place in Dunklin county where defendant was required to maintain a lawful fence and catti e-guard sufficient to prevent cattle and other animals getting on the railroad. He was given a verdict Jor $35 which was doubled in the judgment, and from the judgment for $70 this appeal is taken.
Plaintiff owned a jersey cow, referred to in the record as “a breechy old gal.” A field of his farm…
2Cases cited7 opinions
- Ehret v. Kansas City, St. Joseph & Council Bluffs Railway Co.Missouri Court of Appeals · 1886
- Eggleston v. Kansas City Southern Railway Co.Missouri Court of Appeals · 1914
- Hires v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1911
- Reed v. Chicago & Alton Railway Co.Missouri Court of Appeals · 1905
- Clem v. Quincy, Omaha & Kansas City RailroadMissouri Court of Appeals · 1906
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Timmermann v. St. Louis Architectural Iron Co.Supreme Court of Missouri · 1927