Baustian v. Young
Supreme Court of Missouri
Appeal from Sf. Louis City Circuit Court. — TIon. Selden P. Spencer, Judge. (1) Tbe instruction given by tbe court of its own motion, and afterwards condemned by it, was correct. Tbe instruction merely declared, in proper terms, tbe legal effect to be given td tbe photographs offered in evidence by plaintiff. These photographs were not taken at the time of the accident, but four days later.
Read the full summary
Appeal from Sf. Louis City Circuit Court. — TIon. Selden P. Spencer, Judge. (1) Tbe instruction given by tbe court of its own motion, and afterwards condemned by it, was correct. Tbe instruction merely declared, in proper terms, tbe legal effect to be given td tbe photographs offered in evidence by plaintiff. These photographs were not taken at the time of the accident, but four days later. They were merely admissible to explain or illustrate plaintiff’s testimony, exactly as a plat or diagram or picture drawn by him would have been, and were entitled to no greater consideration. State v.…
1Opinion of the CourtValliant, J.
Appeal from the circuit court of St. Louis upon an order granting a new trial.
The suit is for damages for personal injuries which plaintiff avers he sustained in consequence of a def ective sidewalk. There was but one witness who testified as to the accident and its cause, which was the plaintiff himself.' The only other *321witness for plaintiff was a physician who spoke of the nature of the injury. According to the plaintiff’s testimony he was walking on a plank sidewalk on Morganford road which is an unimproved street in the outskirts of the city, when he stepped on the end of a plank which…
2Cases cited9 opinions
- Norton v. City of St. LouisSupreme Court of Missouri · 1888
- City of St. Louis v. Connecticut Mutual Life InsuranceSupreme Court of Missouri · 1891
- Badgley v. City of St. LouisSupreme Court of Missouri · 1899
- Carvin v. City of St. LouisSupreme Court of Missouri · 1899
- Geer v. Missouri Lumber & Mining Co.Supreme Court of Missouri · 1896
4 more not listed; retrieve them via the Exa API.
3Cited by61 opinions
- Smart v. Kansas CitySupreme Court of Missouri · 1907
- Stith v. J. J. Newberry Co.Supreme Court of Missouri · 1935
- Reedy v. St. Louis Brewing Ass'nSupreme Court of Missouri · 1901
- Williamson v. St. Louis Public Service Co.Supreme Court of Missouri · 1952
- State v. FloydSupreme Court of Missouri · 1962
56 more not listed; retrieve them via the Exa API.