Harris v. Quincy, Omaha & Kansas City Railroad
Missouri Court of Appeals
Appeal from Grundy Circuit Court. — Ho». Paris G. Stepp, Judge. (1) The plaintiff’s proof should have been confined to the reasonable market value of the cattle at the time and place of the injury and the court erred in overruling defendant’s objection to the question as to- value asked plaintiff. The court conceded the correctness of the objection, but nevertheless overruled it. Commission Co. v. Railway, 64 Mo. App. 590; Schrodt v. St. Joseph, 109 Mo.
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Appeal from Grundy Circuit Court. — Ho». Paris G. Stepp, Judge. (1) The plaintiff’s proof should have been confined to the reasonable market value of the cattle at the time and place of the injury and the court erred in overruling defendant’s objection to the question as to- value asked plaintiff. The court conceded the correctness of the objection, but nevertheless overruled it. Commission Co. v. Railway, 64 Mo. App. 590; Schrodt v. St. Joseph, 109 Mo. App. 631; Sinclair v. Railway, 70 Mo. App. 596; Lachner Bros. v. Express Co., 72 Mo. App. 21; Warden v. Railway, 78 M'o. App. 668; Senn v.…
1Opinion of the CourtEllison, J.
— -The plaintiff was the owner of some cattle which were killed by one of defendant’s trains. He brought this action for double damages under the statute and recovered judgment in the trial court.
We will first notice an exception taken to the action of the trial court in refusing to permit defendant to cross-examine a witness. The plaintiff had a witness sworn and put upon the stand but did not ask a question *531of him. Defendant thereupon claimed the right to cross-examine him as to the issues in the case. Plaintiff objected on the specific ground that he (plaintiff) had not asked him a…
2Cases cited9 opinions
- People v. BarkerMichigan Supreme Court · 1886
- State v. SoperSupreme Court of Missouri · 1899
- Tate v. M., K. & T. Railway Co.Supreme Court of Missouri · 1876
- Kansas City Suburban Belt Railroad v. NorcrossSupreme Court of Missouri · 1897
- St. Louis & Iron Mountain Railroad v. SilverSupreme Court of Missouri · 1874
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3Cited by5 opinions
- Jones v. West Side Buick Co.Missouri Court of Appeals · 1936
- State v. GardnerSupreme Court of Missouri · 2000
- State v. HulbertSupreme Court of Missouri · 1923
- Reding v. RedingMissouri Court of Appeals · 1910
- Harris v. Quincy, Omaha & Kansas City Railway Co.Missouri Court of Appeals · 1907