Harris v. Quincy, Omaha & Kansas City Railway Co.
Missouri Court of Appeals
Appeal from Grundy Circuit Court. — Eon. George W. Wcmnemaher, Judge. (1) Plaintiff’s cause of action on the first count was barred by limitation. The trial court cannot take judicial notice of the contents of the records in the former case without such records being introduced in evidence. Spurlock v. Railroad, 76 Mo. 67; Adler v. Lang, 26 Mo. App. 226. (2) It was in error to admit the testimony of John Dunlap, which was read from a bill of exceptions in another suit.
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Appeal from Grundy Circuit Court. — Eon. George W. Wcmnemaher, Judge. (1) Plaintiff’s cause of action on the first count was barred by limitation. The trial court cannot take judicial notice of the contents of the records in the former case without such records being introduced in evidence. Spurlock v. Railroad, 76 Mo. 67; Adler v. Lang, 26 Mo. App. 226. (2) It was in error to admit the testimony of John Dunlap, which was read from a bill of exceptions in another suit. It has long been the rule of practice that depositions taken in a former suit between the same parties may be read in the…
1Opinion of the CourtEllison, J.
-This is an action for double damages for killing plaintiff’s stock which had strayed upon the defendant’s track by reason of defective fences and cattle-guards. The judgment in the trial court was for the plaintiff.
The petition is in two counts. The first was for killing plaintiff’s horse in December, 1901; and the second was for killing plaintiff’s ten-month-old heifer calf in October, 1904. Defendant’s answer admitted itself to be a railroad corporation organized under the law of Missouri and then denied each of the other allegations in each count of the petition.
The case shows that at the…
2Cases cited10 opinions
- Railroad Co. v. BrownSupreme Court of the United States · 1873
- Sunflower Oil Co. v. WilsonSupreme Court of the United States · 1892
- Pennsylvania Railroad v. JonesSupreme Court of the United States · 1894
- Turner v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1881
- Heath v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1884
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3Cited by1 opinion
- Harris v. Quincy, Omaha & Kansas City RailroadMissouri Court of Appeals · 1913