Alcorn v. Chicago & Alton Railroad
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. T. A. Gill, Judge. (1) The testimony as to the finding of the new block, the next evening after the accident, between the rails where plaintiff’s foot was caught, was clearly incompetent to prove prior negligence on the part of the defendant. The overwhelming weight of authority is against its admissibility, and the decisions of this court are to the same effect.
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Appeal from Jackson Circuit Court. — Hon. T. A. Gill, Judge. (1) The testimony as to the finding of the new block, the next evening after the accident, between the rails where plaintiff’s foot was caught, was clearly incompetent to prove prior negligence on the part of the defendant. The overwhelming weight of authority is against its admissibility, and the decisions of this court are to the same effect. Nipsley v. Co., 88 Mo. 348 ; Brennan v. St. Louis, 92 Mo. 482. (2) Nor was the evidence competent upon the issue of the protective character of proper blocking. (3) The last question asked…
1Opinion of the CourtSherwood, C. J.
This cause has been thrice argued, and will be found reported in 14 S. W. Rep. 943, and 16 S. W. Rep. 229. When argued the second time the following statement of the case and opinion were filed:
*88“ STATEMENT.
£< This cause has been reargued ; it is an action for damages laid at the sum of $15,000.
“ The main ground upon which plaintiff relied for recovery was the insufficient blocking of the tracks of the defendant, which was claimed to be the proximate cause of the injury, and that the accident in question occurred while a train of defendant’s cars was in motion, and while defendant was in the…
2Cases cited33 opinions
- Gibson v. . Erie Railway Co.New York Court of Appeals · 1875
- Hayden v. Smithville Manufacturing Co.Supreme Court of Connecticut · 1861
- Davis v. Detroit & Milwaukee Rail RoadMichigan Supreme Court · 1870
- Readman v. ConwayMassachusetts Supreme Judicial Court · 1879
- Hodges v. PercivalIllinois Supreme Court · 1890
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3Cited by46 opinions
- McDonald, Adm'r v. StrawnSupreme Court of Oklahoma · 1920
- Indiana Natural Gas & Oil Co. v. O'BrienIndiana Supreme Court · 1903
- E. O. Stanard Milling Co. v. White Line Central Transit Co.Supreme Court of Missouri · 1894
- George v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1910
- Schroeder v. Chicago & Alton RailroadSupreme Court of Missouri · 1891
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