Bragg v. City of Moberly
Missouri Court of Appeals
Appeal from • Audrain Circuit Court, Hon. Elijah Robinson, Judge. The facts sufficiently appear in the opinion of the Court. I. The court erred in admitting the testimony of plaintiff as to the prolapsus uteri; because .it was only a matter of opinion on her part.
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Appeal from • Audrain Circuit Court, Hon. Elijah Robinson, Judge. The facts sufficiently appear in the opinion of the Court. I. The court erred in admitting the testimony of plaintiff as to the prolapsus uteri; because .it was only a matter of opinion on her part. It was a scientific question, on which the evidence of a medical or surgical expert only was admissible, and it was not shown that she was competent. — 7 Mo. 530; 30 Mo. 160; Taylor on Evidence, vol. 2, sect. 1038; 1 Grreenleaf on Evidence, sect. 440, 13th ed.; Sparr v. Welmon, 11 Mo. 230; Emerson v. Low Gas Light Go. 6 Allen…
1Opinion of the Court
Opinion by
Phillips, P. J.
This- is an action to recover damages from the defendant — a municipal corporation — for injuries suffered by plaintiff, Peoria Bragg, in 1881.' The plaintiffs are hus: band and wife. The injury-was occasioned by a defective sidewalk on one of the streets of the city. The plaintiff seems to have been badly hurt, and on trial, had in Audrain circuit court, whither the case had been removed on change of venue from the -Moberly common *224pleas court, the jury awarded the plaintiff damages in the sum of twenty-five hundred dollars, of which sum the plaintiffs remitted twelve…
Also in this document: Concurrence.
2Cases cited2 opinions
- Schellhous v. BallCalifornia Supreme Court · 1866
- Delmas v. MartinCalifornia Supreme Court · 1870
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- Rickroad v. MartinMissouri Court of Appeals · 1891
- Childress v. Southwest Missouri RailroadMissouri Court of Appeals · 1910
- Parker v. ZeislerSupreme Court of Missouri · 1897
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