Pope v. Ramsey
Missouri Court of Appeals
Appeal from the Gasconade Circuit Court. — Hon. E. Hirzel, Judge. (1) The testimony of all the witnesses introduced by plaintiff to prove tbe number of ties cut from tbe land in controversy was too vague, uncertain and conjectural to constitute any evidence, and tbe court erred in admitting it over defendants’ objections. No measurements were made by any witness^ and only small portions of the land were examined here and there. Tbe opinions were random guesses.
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Appeal from the Gasconade Circuit Court. — Hon. E. Hirzel, Judge. (1) The testimony of all the witnesses introduced by plaintiff to prove tbe number of ties cut from tbe land in controversy was too vague, uncertain and conjectural to constitute any evidence, and tbe court erred in admitting it over defendants’ objections. No measurements were made by any witness^ and only small portions of the land were examined here and there. Tbe opinions were random guesses. Measurements of land and timber could have been made, and tbe case was easily susceptible of better evidence. Murpby v. Murpby, 22…
1Opinion of the CourtEllison, J.
Statement. In 1895 plaintiff was the owner of a large tract of timber land, the timber being suitable for making into railroad ties. In that year he contracted with one Temmen whereby he sold to him the ties at four cents per tie. Temmen advanced $300 in payment on the contract but after making a number of ties abandoned it. It was then agreed between plaintiff and defendants that the latter should take the place of Temmen in the contract aforesaid. Afterwards the timber on other lands was sold or contracted to the defendants. Defendants made a counterclaim in their answer. The judgment in…
2Cases cited4 opinions
- Hill v. Meyer Brothers' Drug Co.Supreme Court of Missouri · 1897
- Hackworth v. ZeitingerMissouri Court of Appeals · 1892
- Taylor v. ShortMissouri Court of Appeals · 1889
- Provo Manufacturing Co. v. SeveranceMissouri Court of Appeals · 1892
3Cited by19 opinions
- Denney v. Spot Martin, Inc.Missouri Court of Appeals · 1959
- State Ex Rel. State Highway Commission v. WarnerMissouri Court of Appeals · 1962
- Vining v. Franklin Fire InsuranceMissouri Court of Appeals · 1901
- Hazell v. ClarkMissouri Court of Appeals · 1901
- Dolby v. LaramoreCourt of Appeals of Maryland · 1913
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