Osborn v. Quincy, Omaha & Kansas City Railway Co.
Missouri Court of Appeals
Appeal from Sullivan Circuit Court. — Hon. John P. Butler} Judge. (1) The Opinion Rule excluding opinions of non-expert witnesses is not applied 'so as to forbid “descriptions of the appearances externally indicating internal states — for example, whether a person booked’ sick or sad or angry.” 3 Wigmore on Ev., sec. 1974. (2) Witnesses have been permitted to testify whether a person had the appearance of being “ill,” “well,” “weak,” “sore,” “had,” “worse,” “stronger,”…
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Appeal from Sullivan Circuit Court. — Hon. John P. Butler} Judge. (1) The Opinion Rule excluding opinions of non-expert witnesses is not applied 'so as to forbid “descriptions of the appearances externally indicating internal states — for example, whether a person booked’ sick or sad or angry.” 3 Wigmore on Ev., sec. 1974. (2) Witnesses have been permitted to testify whether a person had the appearance of being “ill,” “well,” “weak,” “sore,” “had,” “worse,” “stronger,” “suffering,” “sick,” “invalid,” “intoxicated,” “not able to do much work,” “unable to move a limb,” and the like. Railroad v.…
1Opinion of the CourtEllison, J.
Plaintiff’s action is to recover damages for personal injury alleged to have been re*122ceived by bim by reason of defendant’s negligence. The judgment was for the plaintiff.
Plaintiff was a passenger in one of defendant’s cars and as the train had proceeded a short distance from the station at Trenton, Missouri, the car became derailed and rolled down an embankment, whereby plaintiff ■ received his. injuries. There was evidence tending to prove that one of his hips was broken; that he was sixty-three years old, and that his injury was painful and permanent.
The first reason assigned for a reversal…
2Cases cited17 opinions
- Burdict v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
- Flesh v. LindsaySupreme Court of Missouri · 1893
- State v. ForshaSupreme Court of Missouri · 1905
- State v. HoustonSupreme Court of Alabama · 1885
- Brady v. Kansas City, St. Louis & Chicago RailroadSupreme Court of Missouri · 1907
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3Cited by1 opinion
- Stiller v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1911