Matthews v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from Clay Circuit Court. — Hon. E. J. Broaddus, Judge. (1) The court erred in overruling the defendant’s application for a continuance, and forcing it to trial without the depositions of the plaintiff and the witness Applegate. In this State it has uniformly been held that where a continuance is refused a party who has used due diligence to procure his evidence, such refusal constitutes reversible error.
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Appeal from Clay Circuit Court. — Hon. E. J. Broaddus, Judge. (1) The court erred in overruling the defendant’s application for a continuance, and forcing it to trial without the depositions of the plaintiff and the witness Applegate. In this State it has uniformly been held that where a continuance is refused a party who has used due diligence to procure his evidence, such refusal constitutes reversible error. McLean v. Harris, 1 Mo. 501; Riggs v. Fenton, 3 Mo. 28; Moore• v. McCulloch, 6 Mo. 444; Tunstall v. Hamilton, 8 Mo. 500; McKay v. State, 12 Mo. 492; Barnum v. Adams, 31 Mo. 532; State…
1Opinion of the CourtMacfarlane, J.
This is an action under section 2615 of the Revised Statutes of 1889, to recover damages for the destruction by fire of the barn of plaintiff and its contents, charged to have been communicated to them by sparks from one of defendant’s engines. The damages claimed for the destruction of the barn is $7,394.21 and for the loss of the contents, consisting of agricultural implements, grain, hay, etc.., is *653$5,042.70. The answer is, first, a general denial; second, contributory negligence; third, a plea in mitigation on account of insurance collected by plaintiff on account of the loss; and fourth,…
2Cases cited13 opinions
- Browning v. Wabash Western Railway Co.Supreme Court of Missouri · 1894
- Campbell v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
- Weller v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Missouri · 1894
- Mathews v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1894
- Ess v. GriffithSupreme Court of Missouri · 1897
8 more not listed; retrieve them via the Exa API.
3Cited by71 opinions
- Lesser Cotton Co. v. St. Louis, I. M. & S. Ry. Co.Court of Appeals for the Eighth Circuit · 1902
- Jablonowski v. Modern Cap Manufacturing Co.Supreme Court of Missouri · 1925
- Minter v. Bradstreet Co.Supreme Court of Missouri · 1903
- Charlton v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1906
- Conner v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1904
66 more not listed; retrieve them via the Exa API.