Council v. St. Louis & San Francisco Railroad
Missouri Court of Appeals
Appeal from Henry Circuit Court. — Eon. W. W. Graves, Judge. (1) The court erred in admitting evidence of G. G. Council, George W. Jessop and T. A. Harris. The evidence relating to conversations with third parties; to matter not involved in the pleadings, and incompetent. Lester v. Railroad, 60 Mo'. 267; King v. Railroad, 98 Mo. 240; Brooks v. Blackwell, 76 Mo. 310; Ritter v. Bank, 87 Mo. 575; Gorham v. Auerswald, 53 Mo.
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Appeal from Henry Circuit Court. — Eon. W. W. Graves, Judge. (1) The court erred in admitting evidence of G. G. Council, George W. Jessop and T. A. Harris. The evidence relating to conversations with third parties; to matter not involved in the pleadings, and incompetent. Lester v. Railroad, 60 Mo'. 267; King v. Railroad, 98 Mo. 240; Brooks v. Blackwell, 76 Mo. 310; Ritter v. Bank, 87 Mo. 575; Gorham v. Auerswald, 53 Mo. App. 134; Trust Co. v. Lumber Co., 118 Mo. 462. (2) The court erred in refusing to admit the testimony of B. N. BroAvn and C. É. Exline. This evidence was to show, by general…
1Opinion of the CourtJohnson, J.
Action by a shipper of live stock against a common carrier to recover damages resulting from the alleged wrongful act of the carrier in knowingly and against the protest of the shipper exposing the animals during the transportation to a virulent disease from which fifteen of them sickened and died. The judgment was for plaintiff in the sum of $4,500 and defendant appealed.
On October 14,1902, plaintiff, a breeder of fine hogs, shipped twenty-six head of thoroughbred Berkshire hogs from Williamsville, Illinois, to Kansas City for the purpose of placing them on exhibition at a fine stock show.…
2Cases cited2 opinions
- Merchants' National Bank v. LovittSupreme Court of Missouri · 1893
- Standley v. Atchison, Topeka & Santa Fe Railway Co.Missouri Court of Appeals · 1906
3Cited by7 opinions
- McGraw v. O'NeilMissouri Court of Appeals · 1907
- Fulton v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1907
- Vanbuskirk v. Quincy, Omaha & Kansas City RailroadMissouri Court of Appeals · 1908
- Haines v. Chicago, Rock Island & Pacific RailwayMissouri Court of Appeals · 1916
- Ex parte Liang Buck ChewDistrict Court, D. Massachusetts · 1923
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