Legal Opinion

Dysart-Cook Mule Co. v. Reed & Heckenlively

Missouri Court of Appeals

Decided October 17, 1905PublishedCited by 8 opinions

Appeal from Greene Circuit Court. — Eon. Jas. T. Ne-ville, Judge. The action of three of the jurors in visiting the barn during the progress of the trial, and the action of one juror in discussing the case during the progress of the trial, is ground for a new trial. In this case a casual observation would naturally create an impression adverse to plaintiffs’ contention. 12 Am. Ency.

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Appeal from Greene Circuit Court. — Eon. Jas. T. Ne-ville, Judge. The action of three of the jurors in visiting the barn during the progress of the trial, and the action of one juror in discussing the case during the progress of the trial, is ground for a new trial. In this case a casual observation would naturally create an impression adverse to plaintiffs’ contention. 12 Am. Ency. Plead. & Prac., p. 588; Ortman v. Railroad, 32 Kan. 419; Bradbury v. Cony, 62 Me. 233; Harrington v. Railroad, 157 Mass. 579; Rush v. Railroad, 72 N. W. 473; Deacon v. Shreve, 27 N. J. Law 176; Estwood v. People,…

1Opinion of the CourtBland, P. J.

Such extracts of the evidence as the plaintiff has seen fit to quote in its statement of the case furnish an apology for the abstracts of the record which the statute and rules of the court require it to furnish. While these quotations are meager they furnish a brief history of the case. It appears that plain*299tiff is a corporation and owns a lot on the corner of Olive and Campbell streets, in the city of Springfield, Missouri, fronting eighty-one feet on Olive and running back north one hundred and seventy-two feet on Campbell. In the year 1903 plaintiff employed the defendants (a…

2Cases cited3 opinions

  1. Wheeler v. BowlesSupreme Court of Missouri · 1901
  2. Eagle Construction Co. v. Wabash RailroadMissouri Court of Appeals · 1897
  3. Jenks v. GlennMissouri Court of Appeals · 1900

3Cited by8 opinions

  1. Middleton v. Kansas City Public Service Co.Supreme Court of Missouri · 1941
  2. City of Eveleth v. RubleSupreme Court of Minnesota · 1974
  3. Turnbow ex rel. Turnbow v. Kansas City Railways Co.Supreme Court of Missouri · 1919
  4. Rowe v. MossMissouri Court of Appeals · 1983
  5. McGuire Ex Rel. McGuire v. AmyxSupreme Court of Missouri · 1927

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