Holliman v. Cabanne
Supreme Court of Missouri
Jlppealfrom St. Louis Circuit Court. The facts appear in the opinion of the court. The court admitted illegal and improper testimony of the respondent. He is asked this question: “ Then was Mr. Black’s statement true or not?” (Black had before testified on tbe part of tbe appellant.) This question was objected to, but tbe objection was overruled, and tbe witness was allowed to state that Black’s statement was not true.
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Jlppealfrom St. Louis Circuit Court. The facts appear in the opinion of the court. The court admitted illegal and improper testimony of the respondent. He is asked this question: “ Then was Mr. Black’s statement true or not?” (Black had before testified on tbe part of tbe appellant.) This question was objected to, but tbe objection was overruled, and tbe witness was allowed to state that Black’s statement was not true. Tbe court or jury are to be the judges of tbe truthfulness of a witness’s statement; and not an opposing witness.
1Opinion of the Court
Bliss, Judge,
delivered tbe opinion of tbe court.
Plaintiff sues for loss of ahorse, and charges that, as keeper of a livery stable, be loaned defendant for hire a horse and cutter, and that, by the carelessness and negligence of defendant, tbe horse ran away, was wounded, and died of tbe Avounds, and tbe cutter Avas damaged. Defendant denies that tbe running aAváy was caused by bis negligence, and for second defense alleges that it Avas caused by the negligent harnessing by plaintiff’s servants. Tbe jury found for tbe defendant. Tbe court gave all tbe instructions asked upon both sides, which…
2Cases cited1 opinion
- Steamboat Thames v. ErskineSupreme Court of Missouri · 1841
3Cited by15 opinions
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- Anderson v. StateSupreme Court of Missouri · 2018
- Shannon v. Hannibal & St. Joseph Railway Co.Missouri Court of Appeals · 1893
- Shearin v. Fletcher/Mayo/Associates, Inc.Missouri Court of Appeals · 1984
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