Kaw Feed & Coal Co. v. Atchison, Topeka & Santa Fe Railway Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. Henry L. McGune, Judge. (1) The court should not have admitted in evidence the statement of the expert witness Hardy of his conclusion as to the cause of the explosion or fire in question. It was the province of the jury, not of the expert, to determine the cause of the explosion or fire.
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Appeal from Jackson Circuit Court. — Hon. Henry L. McGune, Judge. (1) The court should not have admitted in evidence the statement of the expert witness Hardy of his conclusion as to the cause of the explosion or fire in question. It was the province of the jury, not of the expert, to determine the cause of the explosion or fire. Guthridge v. Railway, 94 Mo. 468; Glasgow v. Railway, 191 Mo. 347; Taylor v. Railroad, 185 Mo. 239; Roscoe v. Railway, 202 Mo. 576; Lutz v. Railway, 123 Mo. App. 499; Smith v. Kansas City, 101 S. W. 1118; Thomas v. Railway, 100 S. W. 1121; Traction Co. v. Bliss, 62…
1Opinion of the CourtEllison, J.
This action was instituted to recover damages on account of starting a fire which consumed an old building which plaintiffs had shortly prior thereto purchased of defendant. The judgment in the trial court was for the plaintiffs.
It appears that the building was frame and was large and old, having been used by defendant as a freight depot. The fire destroyed it and plaintiffs brought this action claiming as damages the loss and value of the separate constituent parts of the building, in the aggregate sum of $2,942.50. The petition alleges the purchase of the building for the sum of $400, and…
2Cases cited11 opinions
- McGrath v. St. Louis Transit Co.Supreme Court of Missouri · 1906
- Feary v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1901
- Roscoe v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1907
- Glasgow v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1905
- State v. KlingerSupreme Court of Missouri · 1870
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3Cited by4 opinions
- Sears, Roebuck & Co. v. CreekmoreMississippi Supreme Court · 1945
- Porter v. HetheringtonMissouri Court of Appeals · 1913
- Clonts v. Laclede Gas Light Co.Missouri Court of Appeals · 1910
- Mississippi Tank Co. v. RoanMississippi Supreme Court · 1966