McDermott v. Hannibal & St. Joseph Railroad
Supreme Court of Missouri
Appeal from, Clay Circuit Court. — Hon. Geo. W. Dunn, Judge. The admissions of Goodwin not being made at the time of the accident, so as to be of tbe res gestae, nor during the transaction of any business in the scope of his employment, were inadmissible. 2 Starkie Ev., 24 ; Story Agency, §§ 134 to 137; Va. § T. B. B. Co. v. Sayers, 26 Gratt. 328 ; 2 Thompson Neg., 1054, note 3 ; Bogers v. Mc-Cune, 19 Mo. 557; Brice v. Thornton, 10 Mo. 140; Agassiz v. London Tram.
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Appeal from, Clay Circuit Court. — Hon. Geo. W. Dunn, Judge. The admissions of Goodwin not being made at the time of the accident, so as to be of tbe res gestae, nor during the transaction of any business in the scope of his employment, were inadmissible. 2 Starkie Ev., 24 ; Story Agency, §§ 134 to 137; Va. § T. B. B. Co. v. Sayers, 26 Gratt. 328 ; 2 Thompson Neg., 1054, note 3 ; Bogers v. Mc-Cune, 19 Mo. 557; Brice v. Thornton, 10 Mo. 140; Agassiz v. London Tram. Co., 21 W. R. 199; Fairlee v. Hastings, 10 Yes. 123; Griffin v. B. B. Co., 26 Ga. Ill; Bobinson v. B. B. Co., 7 Gray 92 ; Luby v.…
1Opinion of the CourtHenry, J.
The plaintiff was employed by defendant as a laborer on track repairs, and was injured, he alleges, in consequence of the negligence of one Dawson, defendant’s section foreman, in having permitted a hand-car to be on the track when the track should have been clear for *518the passage of trains, and in negligently and carelessly ordering plaintiff to remove the car in the face of an approaching train. It is further alleged that Dawson was incompetent, and that the defendant had knowledge of that fact before the injury complained of occurred. It is also alleged that the company had negligently…
2Cases cited5 opinions
- Va. & Tenn. R. R. v. SayersSupreme Court of Virginia · 1875
- Moore v. . MeachamNew York Court of Appeals · 1851
- Rogers v. McCuneSupreme Court of Missouri · 1854
- Griffin v. Montgomery & West Point RailroadSupreme Court of Georgia · 1858
- Haven v. BrownSupreme Judicial Court of Maine · 1831
3Cited by30 opinions
- Scovill v. GlasnerSupreme Court of Missouri · 1883
- Alabama Great Soiitliern Railroad v. HawkSupreme Court of Alabama · 1882
- Redmon v. Metropolitan Street RailwaySupreme Court of Missouri · 1904
- Frye v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1906
- Adams v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1881
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