Tucker v. Missouri & Kansas Telephone Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — No». John G. Parle, Judge. (1) Tbe court erred in admitting'evidence that Tyner, the employee, who was alleged to have been incompetent, had had “fits” or was subject to “fits.” There was no evidence that Tyner had a “fit” when the accident occurred, or that the alleged fact that he was subject to “fits” had anything whatever to do with his alleged negligence.
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Appeal from Jackson Circuit Court. — No». John G. Parle, Judge. (1) Tbe court erred in admitting'evidence that Tyner, the employee, who was alleged to have been incompetent, had had “fits” or was subject to “fits.” There was no evidence that Tyner had a “fit” when the accident occurred, or that the alleged fact that he was subject to “fits” had anything whatever to do with his alleged negligence. And with the first offer of evidence of this kind counsel for respondent disclaimed any intention of proving that the alleged “fits” had anything to do with the accident. (2) Even if the allegation…
1Opinion of the CourtJohnson, J.
Action to recover damages for personal injuries alleged to have been caused by the negligence of defendant in the employment and retention in service of an incompetent servant whose negligence was the immediate cause of the injury. Verdict and judgment were for plaintiff in the sum of three thousand dollars and defendant appealed.
Defendant is engaged in the telephone business in Kansas City and at the time of the injury, June 1,1905, maintained a “pole yard” where it prepared poles for installation in its telephone lines. A gang of laborers, among them plaintiff, was employed in this work.…
2Cases cited4 opinions
- Baulec v. . New York Harlem R.R. Co.New York Court of Appeals · 1874
- Davis v. Detroit & Milwaukee Rail RoadMichigan Supreme Court · 1870
- Wabash Western Ry. v. BrowCourt of Appeals for the Sixth Circuit · 1895
- O'Hare v. Chicago & Alton RailroadSupreme Court of Missouri · 1888
3Cited by7 opinions
- Allen v. Quercus Lumber Co.Missouri Court of Appeals · 1913
- James v. Winifred Coal Co.Supreme Court of Iowa · 1918
- Munoz v. American Car & Foundry Co.Missouri Court of Appeals · 1927
- Robbins v. Lewiston, Augusta & Waterville Street RailwaySupreme Judicial Court of Maine · 1910
- Burns v. R. L. McDonald Manufacturing Co.Missouri Court of Appeals · 1923
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