Leahey v. Cass Avenue & Fair Grounds Railway Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. '— Hon. G-. W. Lubke, Judge. (1) It was error to permit Dr. Miller, James Keating, Maggie Keating, and each of them, to testify to statements and declarations made by James O’Neil after he had been carried into Keating’s house.
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Appeal from St. Louis City Circuit Court. '— Hon. G-. W. Lubke, Judge. (1) It was error to permit Dr. Miller, James Keating, Maggie Keating, and each of them, to testify to statements and declarations made by James O’Neil after he had been carried into Keating’s house. State v. Rider, 90 Mo. 62 ; Waldele v. Railroad, 95 N. Y. 278 ; Martin v. Railroad, 103 N. Y. 629 ; Railroad v. O' Brien, 119 U. S. 106 ; Merkel v. Bennington, 58 Mich. 162 ; Railroad, v. Mara, 26 Ohio St. 185,190 ; Armil v. Railroad, 70 Iowa, 130 ; Rogers v. McCune, 19 Mo. 558 ; Kelly v. Railroad, 88 Mo. 534 ; Adams v.…
1Opinion of the CourtBlack, J.
-This is an action to recover statutory damages for the death of James O’Neil, a boy eleven years of age, and the son of the plaintiff. The defendant corporation ' owns, and with horse-power operates, a street railroad in the city of St. Louis. That the boy *168was run over by one of defendant’s cars and received wounds and bruises from which he died on the next day, is an undisputed fact. At the time of the accident the car was a few yards east of the Twenty-fourth street .crossing going east on Cass avenue.
Plaintiff produced evidence tending to show that the boy was standing on the front…
2Cases cited7 opinions
- Insurance Co. v. MosleySupreme Court of the United States · 1869
- Vicksburg & Meridian Railroad v. O'BrienSupreme Court of the United States · 1886
- Harriman v. StoweSupreme Court of Missouri · 1874
- Devlin v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1885
- Adams v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1881
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3Cited by46 opinions
- National Masonic Acc. Ass'n of Des Moines v. ShryockCourt of Appeals for the Eighth Circuit · 1896
- National Life & Accident Ins. Co. v. FollettTennessee Supreme Court · 1935
- Pope v. StateSupreme Court of Alabama · 1911
- Lynch v. Missouri-Kansas-Texas RailroadSupreme Court of Missouri · 1933
- Sconce v. JonesSupreme Court of Missouri · 1938
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