Plummer v. City of Milan
Missouri Court of Appeals
Appeal from the Chariton Circuit Court. — Hon. W. W. Rucker, Judge. (1) ' The plaintiff was allowed to testify over the objection and exceptions of defendant and show what was the condition of her arm at the time of the trial. The ground of objection to this evidence was that she had failed to have the arm properly treated after the injury, in fact she says she never had the broken bones set. Jones on Neg. Mun.
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Appeal from the Chariton Circuit Court. — Hon. W. W. Rucker, Judge. (1) ' The plaintiff was allowed to testify over the objection and exceptions of defendant and show what was the condition of her arm at the time of the trial. The ground of objection to this evidence was that she had failed to have the arm properly treated after the injury, in fact she says she never had the broken bones set. Jones on Neg. Mun. Oorp.. sec. 256, p. ,518. (2) The plaintiff was allowed to read in evidence, over the objections and exceptions of defendant, the depositions of T. H. Booth and Chas. T. Overstreet.…
1Opinion of the CourtSmith, P. J.
This is an action which was brought by the plaintiff against the defendant to recover damages for personal injuries occasioned by the negligence of the latter. There was a trial which resulted in judgment for plaintiff and the defendant has appealed.
vacon of pergrasonal injury: question of fact: damages. I. The defendant contends that the trial court erred in its action permitting the plaintiff to show the condition of her arm at the time of the trial, for the reason that she had neglected to have the same properly treated after the injnry. Undoubtedly ° ° » ft was the duty of the plaintiff…
2Cases cited4 opinions
- Bassett v. City of St. JosephSupreme Court of Missouri · 1873
- Loewer v. City of SedaliaSupreme Court of Missouri · 1883
- Jones v. St. Louis, Naples & Peoria Packet Co.Missouri Court of Appeals · 1891
- Boland v. City of KansasMissouri Court of Appeals · 1888
3Cited by12 opinions
- Viou v. Brooks-Scanlon Lumber Co.Supreme Court of Minnesota · 1906
- Powers v. Kansas City, Mo.Missouri Court of Appeals · 1929
- Ball v. City of NeoshoMissouri Court of Appeals · 1904
- Kirkpatrick v. American Creosoting Co.Missouri Court of Appeals · 1931
- Kingsley v. Kansas CityMissouri Court of Appeals · 1912
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