Legal Opinion

Green v. Terminal Railroad

Supreme Court of Missouri

Decided April 1, 1908PublishedCited by 35 opinions

Appeal from St. Louis City Circuit Court. — Boot. Daniel G. Taylor, Judge. (1) The ruling of the court, in sustaining plaintiff’s motion for a new trial, on the ground that the court had committed error in the admission of the testimony of physicians, inasmuch as the court concluded that their testimony was privileged, was erroneous. The .communication testified to was not privileged. Brown v. Bailroad, 45 Hun 439; People ex rel. v. Abrahams, 96 App.

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Appeal from St. Louis City Circuit Court. — Boot. Daniel G. Taylor, Judge. (1) The ruling of the court, in sustaining plaintiff’s motion for a new trial, on the ground that the court had committed error in the admission of the testimony of physicians, inasmuch as the court concluded that their testimony was privileged, was erroneous. The .communication testified to was not privileged. Brown v. Bailroad, 45 Hun 439; People ex rel. v. Abrahams, 96 App. Div. 27; People v. Cole, 113 Mich. 83; Collins v. Mack, 31 Ark. 684; State v. Kennedy, 177 Mo. 129; James v. Kansas City, 85 Mo. App. 24; Linz…

1Opinion of the CourtLamm, J.

— Plaintiff sued for the loss of his left arm, grounding his right of action on the alleged negligence of defendant, and putting his damages at $20,000. The cause was tried with the aid of a jury. A verdict going for defendant, plaintiff filed his motion for a new trial, and from an order granting one defendant appeals.

The following ordinance was in force in the city of St. Louis at the times in hand:

“It shall not he lawful within the limits of the city of St. Louis for any car, cars or locomotive propelled by steam power to obstruct any street crossing by standing thereon longer than five…

2Cases cited15 opinions

  1. Edington v. . Mutual Life Ins. Co.New York Court of Appeals · 1876
  2. Thompson v. IshSupreme Court of Missouri · 1889
  3. Edington v. . Aetna Life Ins. Co.New York Court of Appeals · 1879
  4. Smart v. Kansas CitySupreme Court of Missouri · 1907
  5. Frye v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1906

10 more not listed; retrieve them via the Exa API.

3Cited by35 opinions

  1. Grodsky v. Consolidated Bag Co.Supreme Court of Missouri · 1930
  2. Maryland Casualty Co. v. Seattle Electric Co.Washington Supreme Court · 1913
  3. Reich v. ThompsonSupreme Court of Missouri · 1940
  4. King Smith v. Kansas City Life Insurance Co.Supreme Court of Missouri · 1942
  5. Steffen Ex Rel. Steffen v. Southwestern Bell Telephone Co.Supreme Court of Missouri · 1932

30 more not listed; retrieve them via the Exa API.

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