Gidionsen v. Union Depot Railroad
Supreme Court of Missouri
Appeal from St. Louis County Circuit Court. — Hon. Rudolph Hibzel, Judge. (1) The court erred in refusing defendant a continuance on the ground of surprise and in not granting defendant a new trial for the same reason. Upon the introduction by plaintiff of testimony tending to show epilepsy, defendant promptly made known its surprise and asked the court for time to prepare and call counter proofs. Albert v. Teller, 31 Mo.
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Appeal from St. Louis County Circuit Court. — Hon. Rudolph Hibzel, Judge. (1) The court erred in refusing defendant a continuance on the ground of surprise and in not granting defendant a new trial for the same reason. Upon the introduction by plaintiff of testimony tending to show epilepsy, defendant promptly made known its surprise and asked the court for time to prepare and call counter proofs. Albert v. Teller, 31 Mo. App. 247; Lagan v. Delaney, 16 Cal. 85; Holbrook v. Nichol, 36 111. 161; Railroad v. Barron, 14 S. W. Rep. 698. (2) The court erred in excluding the testimony of P. U.…
1Opinion of the CourtRobinson, J.
This is a suit brought by plaintiff against the defendant, a corporation operating a line of street railroad in the city of St. Louis with electric power, to recover for personal injuries, alleged to have been received in the city of St. Louis while a train of cars running around a curve near Ninth street and Russell avenue in that city, by reason of the plaintiff having been thrown from the train as the train passed around said curve. The first count of plaintiff’s petition is as follows:
‘ ‘And plaintiff then and there sustained asevere concussion of the brain, and a severe laceration of the…
2Cases cited5 opinions
- Loyd v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1873
- Sears v. Seattle Consolidated Street Railway Co.Washington Supreme Court · 1893
- Huckshold v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1886
- Sidekum v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1887
- Straus v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1885
3Cited by11 opinions
- Hancock v. Kansas City Terminal Railway Co.Supreme Court of Missouri · 1936
- Yost v. Union Pacific RailroadSupreme Court of Missouri · 1912
- Sullivan v. St. Louis-San Francisco Railway Co.Supreme Court of Missouri · 1928
- Henderson v. HazlettWest Virginia Supreme Court · 1914
- Hesemann v. May Department Stores Co.Missouri Court of Appeals · 1931
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