Van Cleve v. St. Louis, Memphis & Southeastern Railroad
Missouri Court of Appeals
Appeal from Pemiscot Circuit Court. — Hon. Henry G. Riley, Judge. (1) The court erred in admitting incompetent, irrelevant and immaterial testimony on behalf of the plaintiff. It was error, the allegations of injuries in plaintiff’s petition considered, for the court to permit the introduction off testimony concerning the alleged fact that plaintiff was suffering from consumption, or tuberculosis of the lungs.
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Appeal from Pemiscot Circuit Court. — Hon. Henry G. Riley, Judge. (1) The court erred in admitting incompetent, irrelevant and immaterial testimony on behalf of the plaintiff. It was error, the allegations of injuries in plaintiff’s petition considered, for the court to permit the introduction off testimony concerning the alleged fact that plaintiff was suffering from consumption, or tuberculosis of the lungs. Plaintiff specifically describes in her petition the injuries from which she alleges herself to be suffering and for which she seeks to recover. This allegation, as contained in the…
1Opinion of the Court
BLAND. P. J.
This is the second appeal of this action. On the first one the judgment was reversed and the cause remanded for retrial (107 Mo'. App. 96). After the cause was remanded, respondent filed an amended petition containing two counts. The first count was abandoned on the trial and only the cause of action stated in the second count was submitted to the jury, nine of whom signed and returned a verdict in plaintiff’s favor for $1,250. The second count of the petition stated, in substance, that respondent, on November 19, 1902, took passage on one of appellant’s trains at Yarbro, in the…
2Cases cited6 opinions
- Rogers v. WolfeSupreme Court of Missouri · 1890
- Tipton v. RennerSupreme Court of Missouri · 1891
- City of De Soto v. American Guaranty Fund Mutual Fire InsuranceMissouri Court of Appeals · 1903
- Maginn v. LancasterMissouri Court of Appeals · 1903
- Grady v. St. Louis Transit Co.Missouri Court of Appeals · 1903
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Erbes v. Union Electric CompanySupreme Court of Missouri · 1962
- Van Cleve v. St. Louis, Memphis & Southeastern Railway Co.Missouri Court of Appeals · 1909