Harriman v. Stowe
Supreme Court of Missouri
Appeal from Jackson Circuit Court. I. In the case of Brownell vs.Tlie Pacific R.R.Co.,(47 Slo.239) the declaration was made “immediately after the accident.” In this case the declarations were not made for several hours after, and there are “no connecting circumstances” of any kind whatever. We understand the law to be, that the res gestee are first, the statement of the cause of the injury, made by the party almost contemporaneously with its occurrence.
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Appeal from Jackson Circuit Court. I. In the case of Brownell vs.Tlie Pacific R.R.Co.,(47 Slo.239) the declaration was made “immediately after the accident.” In this case the declarations were not made for several hours after, and there are “no connecting circumstances” of any kind whatever. We understand the law to be, that the res gestee are first, the statement of the cause of the injury, made by the party almost contemporaneously with its occurrence. Second, those relating to the consequences or results of the injury, and which may be made at any time while such consequences exist. (Ins.…
1Opinion of the CourtWagNeb, Judge
The plaintiff, a married woman, in conjunction with her husband, brought this action for damages against the defendant for injuries sustained by her in falling through a hatchway which, it was alleged, was constructed by defendant, and by him negligently, carelessly and wrongfully left insecure and unprotected.
The answer denied-the allegation of .negligence, and as a further defense, set up that the. house where the hatchway *95was built was the property of defendant’s wife, and that defendant in doing the work was acting as her agent. There was a replication as to negligence and carelessness,…
2Cases cited13 opinions
- Insurance Co. v. MosleySupreme Court of the United States · 1869
- Wright v. J. & S. WilcoxNew York Supreme Court · 1838
- Clark's v. HannibalSupreme Court of Missouri · 1865
- Garretzen v. DuenckelSupreme Court of Missouri · 1872
- Brownell v. Pacific RailroadSupreme Court of Missouri · 1871
8 more not listed; retrieve them via the Exa API.
3Cited by88 opinions
- International & Great Northern Railway Co. v. AndersonTexas Supreme Court · 1891
- Louisville, New Albany & Chicago Railway Co. v. BuckIndiana Supreme Court · 1889
- State Ex Rel. Badami v. GaertnerMissouri Court of Appeals · 1982
- State Ex Rel. McNutt v. KeetSupreme Court of Missouri · 1968
- City of Galveston v. BarbourTexas Supreme Court · 1884
83 more not listed; retrieve them via the Exa API.