Smith v. Missouri & Kansas Telephone Co.
Missouri Court of Appeals
Appeal from Buchanan Circuit Court. — Eon. A. M. Woodson, Judge. (1) The court erred in permitting the plaintiff to testify as to the condition of the pole and its surroundings two months after the accident. (2) The. court erred in permitting the witness, Lucas, to testify as to the condition of the pole and its surroundings two weeks after the injury.
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Appeal from Buchanan Circuit Court. — Eon. A. M. Woodson, Judge. (1) The court erred in permitting the plaintiff to testify as to the condition of the pole and its surroundings two months after the accident. (2) The. court erred in permitting the witness, Lucas, to testify as to the condition of the pole and its surroundings two weeks after the injury. (3) The court erred in admitting the testimony of the witness, Ellis, as to the condition and situation of the wires after the injury to plaintiff, as the evidence showed that the condition of the wires had been changed. (4) Before this class…
1Opinion of the CourtJohnson, J.
— Action for damages for personal injuries consequent to a fall from the top of a telephone pole where plaintiff, a lineman,, was engaged in making certain repairs. Negligence on the part of defendant it is charged, was the producing cause of the fall. Plaintiff recovered judgment in the sum of three thousand dollars. No complaint is made of an excessive verdict but defendant asks a reversal because of errors claimed, to have been committed during-the progress of the trial, first among which was the overruling of its demurrer to the evidence.
The injury occurred September 8, 1903, in the city…
2Cases cited7 opinions
- Alcorn v. Chicago & Alton RailroadSupreme Court of Missouri · 1891
- Ely v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1882
- Hipsley v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1885
- Hull v. City of St. LouisSupreme Court of Missouri · 1897
- Cosgrove v. LeonardSupreme Court of Missouri · 1896
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Seith v. Commonwealth Electric Co.Illinois Supreme Court · 1909
- Spencer v. Quincy, Omaha & Kansas City RailroadSupreme Court of Missouri · 1927
- Rose v. Franklin Life InsuranceMissouri Court of Appeals · 1910
- Patterson v. Springfield Traction Co.Missouri Court of Appeals · 1914
- Feeney v. Wabash RailroadMissouri Court of Appeals · 1907
3 more not listed; retrieve them via the Exa API.