Brown v. Cape Girardeau Macadamized & Plank Road Co.
Supreme Court of Missouri
Appeal from Gape Girardeau Circuit Court. — Hon. J. D. Poster. Judge. (I) Tbe court erred iu refusing to permit plaintiff ’ s witnesses, Cross and Ellis, on cross-examination, to ex- ■ press their opinion as to whether the gravel road at the place where the accident occurred, was covered artificially a sufficient width to afford a convenient and safe track for passage of wagons and teams. Sess.
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Appeal from Gape Girardeau Circuit Court. — Hon. J. D. Poster. Judge. (I) Tbe court erred iu refusing to permit plaintiff ’ s witnesses, Cross and Ellis, on cross-examination, to ex- ■ press their opinion as to whether the gravel road at the place where the accident occurred, was covered artificially a sufficient width to afford a convenient and safe track for passage of wagons and teams. Sess. Acts 1851, p. 134, sec. 10 ; Ibid, 1853, p. 351; Angelí on Highways [2 Ed.] sec. 259; Wood on Nuisances, 295; Shearman & Redf. on Negligence [3 Ed.] sec. 374; Wharton’s Evidence, sec. 511 ; Eyerman v.…
1Opinion of the CourtNorton, J.
This suit was instituted in the circuit court of Cape Girardeau county, to recover damages for injuries alleged to have been sustained by plaintiff, Mrs. Theodosia Brown, while driving in a buggy on defendant’s road, and alleged to have been occasioned by the neglect of defendant to construct its road as required *154by its charter, and in negligently leaving on its road, within the limits required by law to be kept open and free, an obstruction, at which the horse being driven by her shied, jumped to one side and overturned the buggy, inflicting upon her personal injury. On the trial plaintiffs…
2Cases cited3 opinions
- Doss v. Missouri, Kansas & Texas R. R.Supreme Court of Missouri · 1875
- Whalen v. Centenary Church of the City of St. LouisSupreme Court of Missouri · 1876
- Engle v. JonesSupreme Court of Missouri · 1873
3Cited by15 opinions
- McNamara v. St. Louis Transit Co.Supreme Court of Missouri · 1904
- Carson v. SmithSupreme Court of Missouri · 1896
- Leahy v. DavisSupreme Court of Missouri · 1894
- Trauerman v. LippincottMissouri Court of Appeals · 1890
- Peak v. TaubmanSupreme Court of Missouri · 1913
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