Davenport v. King Electric Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Daniel O. Taylor, Judge. (1) The court ruled that the competency of plaintiff to testify was a question of fact for the jury and to be inquired into on cross-examination of him after he stated the facts of his injury to the jury. This was error.
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Appeal from St. Louis City Circuit Court. — Hon. Daniel O. Taylor, Judge. (1) The court ruled that the competency of plaintiff to testify was a question of fact for the jury and to be inquired into on cross-examination of him after he stated the facts of his injury to the jury. This was error. State v. Brown, 209 Mo. 418; State v. Doyle, 107 Mo. 36. (2) When plaintiff was. sworn, the court ruled he was competent to testify because over ten years old and would not permit defendant to examine him or examine him himself to show his incompetency. This was error. Brashear v. Tel. Co., 45 Mo. App.…
1Opinion of the Court
BOND, C.
Plaintiff, then between seven and eight years of age, was injured on the 2d of September, 1905, while using a street, by coming in contact with an electrically charged wire which was broken and hanging over the street about eighteen inches above the curb and which touched one of plaintiff’s hands, causing him to be severely injured and a per*117manent deformity of the arm. Plaintiff sued by his next friend on the 18th of November, 1905. Defendant answered by general denial and plea of contributory negligence. The trial was had on the 14th of May, 1908.
Plaintiff testified that he was then…
2Cases cited2 opinions
- State v. JeffriesSupreme Court of Missouri · 1908
- State v. NelsonSupreme Court of Missouri · 1896
3Cited by10 opinions
- Hildreth v. KeyMissouri Court of Appeals · 1960
- Borrson v. Missouri-Kansas-Texas RailroadSupreme Court of Missouri · 1943
- Smith v. Ohio Millers Mutual Fire InsuranceSupreme Court of Missouri · 1928
- Tash v. St. Louis-San Francisco Railway Co.Supreme Court of Missouri · 1934
- Talley v. Bowen Construction CompanySupreme Court of Missouri · 1960
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