Smith v. St. Louis, Iron Mountain & Southern Railway Co.
Supreme Court of Missouri
Appeal from 81. Francois Circuit Court. — Hon. J. I). Pox, Judge. Tbe plaintiff was introduced as a witness, and stated, among other things, that at tbe point where tbe heifer got on tbe track there was a strip of land not fenced that bad once been cultivated ; “I did not see the heifer myself after she was killed; the section foreman told me she was killed about the nineteenth of September, 1888. This conversation with the foreman was about the nineteenth of September,…
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Appeal from 81. Francois Circuit Court. — Hon. J. I). Pox, Judge. Tbe plaintiff was introduced as a witness, and stated, among other things, that at tbe point where tbe heifer got on tbe track there was a strip of land not fenced that bad once been cultivated ; “I did not see the heifer myself after she was killed; the section foreman told me she was killed about the nineteenth of September, 1888. This conversation with the foreman was about the nineteenth of September, 1883.” (1) The trial court erred in the admission of testimony. The plaintiff, in his testimony, was permitted to state the…
1Opinion of the CourtSherwood, J.
Action for double damages for killing a sow and heifer; verdict for plaintiff on both *61counts, and double damages assessed by the court. The evidence of the 'killing of the stock was altogether circumstantial.
I. The declarations made by the section foreman were inadmissible, because not a part of the res gestae ; not coincident with the event in which the suit originated, but a mere narration of a past occurrence. McDermott v. Railroad, 87 Mo. 285; Devlin v. Railroad, 87 Mo. 545; Adams v. Railroad, 74 Mo. 554.
II. The issue in this cause was, whether the animals of plaintiff got on defendant’s…
2Cases cited7 opinions
- Devlin v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1885
- McDermott v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1885
- Henry v. BassettSupreme Court of Missouri · 1881
- Gardner v. Burlington, Cedar Rapids & Northern R'y Co.Supreme Court of Iowa · 1886
- Baker v. LoringSupreme Court of Missouri · 1877
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3Cited by5 opinions
- Lee v. St. Louis, Memphis & Southeastern RailroadMissouri Court of Appeals · 1905
- Balding v. AndrewsNorth Dakota Supreme Court · 1903
- Callier v. Chester, Perryville & Ste. Genevieve Railway Co.Missouri Court of Appeals · 1911
- St. Louis & S. F. Ry. Co. v. McLellandCourt of Appeals for the Eighth Circuit · 1894
- State v. JohnsonSupreme Court of Missouri · 1914