Legal Opinion

Sindlinger v. City of Kansas

Supreme Court of Missouri

Decided January 9, 1895PublishedCited by 9 opinions

Appeal from Lafayette Circuit Court. — Hon. Richard Field, Judge. (1) It was error to admit evidence of plaintiff’s general conduct and habits as to sobriety. Collins v. Glass, 46 Mo. App. 297; Suttie v. Aloe, 39 Mo. App. 38. And the admission of such evidence constituted reversible error. Suttie v. Aloe, 39 Mo. App. 38; Clark v. Fairley, 30 Mo.

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Appeal from Lafayette Circuit Court. — Hon. Richard Field, Judge. (1) It was error to admit evidence of plaintiff’s general conduct and habits as to sobriety. Collins v. Glass, 46 Mo. App. 297; Suttie v. Aloe, 39 Mo. App. 38. And the admission of such evidence constituted reversible error. Suttie v. Aloe, 39 Mo. App. 38; Clark v. Fairley, 30 Mo. App. 340; Decry v. Cray, 5 Wall. 807; Smith v. Shoemaker, 17 Wall. 630; Railroad v. O’Brien, 119 U. S. 99; Gilmer v. Higley-, 110 U. S. 47; Thompson on Charging Jury, sec. 130. (2) The court erred in permitting witnesses to give their opinions as to…

1Opinion of the CourtGantt, P. J.

— This is ah action for damages for personal injuries occasioned by a fall from the end of the Wyoming street viaduct in Kansas City. Plaintiff sued the city and recovered judgment in the circuit court, for $6,800, and, if plaintiff is entitled to recover at all, the verdict is not excessive.

The accident occurred on the twentieth day of July, 1891. At the time in question there was a bridge, or viaduct, beginning at the corner of Twelfth *321and Wyoming streets and extending over the private property and railroad tracks of the Union Pacific and Missouri Pacific railroad companies to St. Louis…

2Cases cited4 opinions

  1. Russell v. Inhabitants of ColumbiaSupreme Court of Missouri · 1881
  2. Franke v. City of St. LouisSupreme Court of Missouri · 1892
  3. Loewer v. City of SedaliaSupreme Court of Missouri · 1883
  4. McCarthy v. City of PortlandSupreme Judicial Court of Maine · 1878

3Cited by9 opinions

  1. Wheat v. City of St. LouisSupreme Court of Missouri · 1904
  2. Luckel v. Century Building Co.Supreme Court of Missouri · 1903
  3. Solomon v. DuncanMissouri Court of Appeals · 1916
  4. Kelley v. LawrenceSupreme Court of Missouri · 1906
  5. Knight v. Kansas CityMissouri Court of Appeals · 1909

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