Costigan v. Michael Transportation Co.
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. It was error to admit the evidence of Costigan concerning statements, alleged to have been made by Martin Michael several days after the accident, relating to the conduct of the pilot in charge of the vessel and tow.
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Appeal from the St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. It was error to admit the evidence of Costigan concerning statements, alleged to have been made by Martin Michael several days after the accident, relating to the conduct of the pilot in charge of the vessel and tow. Rogers v. McCune, 19 Mo. 558; McDermott v. Railroad, 73 Mo. 513; Adams v. Railroad, 74 Mo. 553; O’ Bryan V. Kiyney, 74 Mo. 125; Aldridge v. Blast Co., 78 Mo. 559; Devlin v. Railroad, 87 Mo. 545; Leahy n. Railroad, 97 Mo. 165; Wengler v. Railroad, 16 Mo. App. 493; Railroad v. Decker, 82 Pa. St. 123; Packet…
1Opinion of the CourtRombauer, P. J.
The action is one against a common carrier by water, for damages caused to the plaintiff by the mal-performance of a contradi of transportation. The defense is that the loss was caused by an unavoidable danger of navigation, which was an excepted peril. The trial was-had before a jury, and resulted in a verdict and judgment for plaintiff.
This is the second appeal of the cause. The first' trial was had before the court without a jury,.and likewise resulted in a verdict for the plaintiff. The defendant then appealed, and urged as one of the grounds for reversal that there was no evidence to…
2Cases cited7 opinions
- Leahey v. Cass Avenue & Fair Grounds Railway Co.Supreme Court of Missouri · 1888
- Union Savings Ass'n v. EdwardsSupreme Court of Missouri · 1871
- Hill v. SturgeonSupreme Court of Missouri · 1859
- Chamberlin v. Mammoth Mining Co.Supreme Court of Missouri · 1854
- Rogers v. McCuneSupreme Court of Missouri · 1854
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3Cited by5 opinions
- Elsea v. SmithSupreme Court of Missouri · 1918
- Home Telephone Co. v. City of CarthageSupreme Court of Missouri · 1911
- Campbell v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1900
- Kaes v. Lime Co.Missouri Court of Appeals · 1897
- Model Clothing Co. v. Columbia Transfer Co.Missouri Court of Appeals · 1911