Palmer v. Saint Louis & San Francisco Railroad
Missouri Court of Appeals
Appeal from Laclede Circuit Court. — Eon. L. B. Wood-side, Judge. (1) The court erred in allowing the witness, R. E. Wright, to testify as an expert to the time in which a passenger train could be stopped running at a specified rate of speed, without any hypothetical question having been submitted to him involving the facts in this particular case to which, of course, the inquiry was intended to apply.
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Appeal from Laclede Circuit Court. — Eon. L. B. Wood-side, Judge. (1) The court erred in allowing the witness, R. E. Wright, to testify as an expert to the time in which a passenger train could be stopped running at a specified rate of speed, without any hypothetical question having been submitted to him involving the facts in this particular case to which, of course, the inquiry was intended to apply. Turner v. Harr, 114 Mo. 335; Senn v. Railway, 108 Mo. 142; Mammerberg v. Railway, 62 Mo. App. 563. (2) Under such circumstances, the violation of the speed ordinance by the defendant was not…
1Opinion of the CourtGray, J.
This suit was instituted in the circuit court of Laclede county, to recover damages in the sum of $15,000 for personal injuries sustained by plaintiff through the alleged negligence of the defendant in running its train against plaintiff, while he was on the track of defendant. The petition, after alleging that at the times complained of, defendant was a corporation and operating a railroad through the city of Lebanon, a city of the fourth class, stated;
“That on the 13th day of January, 1905, that he was traveling eastward on and along the defendant’s railroad in the corporate limits of the…
Also in this document: Concurrence.
2Cases cited9 opinions
- Mockowik v. Kansas CitySupreme Court of Missouri · 1906
- Davidson v. St. Louis Transit Co.Supreme Court of Missouri · 1908
- Frye v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1906
- Green v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1905
- Stotler v. Chicago & Alton Railway Co.Supreme Court of Missouri · 1907
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3Cited by3 opinions
- Wiseman v. Missouri Pacific RailroadMissouri Court of Appeals · 1978
- Hicks ex rel. Maize v. ShanabargerMissouri Court of Appeals · 1951
- Campbell v. City of ChillicotheMissouri Court of Appeals · 1914