McDermott v. Hannibal & St. Joseph Railroad
Supreme Court of Missouri
Appeal from Glay Girev,ft Court. — Hon. Gf, W. Bunn, Judge. (1) The statement attributable to Goodwin, that A‘ Dawson was not a good railroad man any way,” was inadmissible for any purpose. It was not admissible to prove Dawson’s incompetency. It was an opinion. Lawson’s Expert Ev. 507, 520 ; Koons v. Iron, Mt. By. Co., 65 Mo. 597; Ganeth v. Pacific By.
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Appeal from Glay Girev,ft Court. — Hon. Gf, W. Bunn, Judge. (1) The statement attributable to Goodwin, that A‘ Dawson was not a good railroad man any way,” was inadmissible for any purpose. It was not admissible to prove Dawson’s incompetency. It was an opinion. Lawson’s Expert Ev. 507, 520 ; Koons v. Iron, Mt. By. Co., 65 Mo. 597; Ganeth v. Pacific By. Co., 49 Mo. 274; New England Glass Co. v. Lovell, 7 Cush. 319; White ®. Balloio, 8 Allen 408. The statement was also incompetent to prove that defendant had notice or knowl: edge of Dawson’s alleged incompetency, because not made at the time…
1Opinion of the CourtHenry, C. J.
This is an action by which plaintiff seeks to recover damages for an injury which he-sustained, alleged to have been occasioned by the negligence and incompetency of George Dawson, a section foreman in the employment of defendant, who, it is charged, ignorantly, negligently and carelessly ordered plaintiff, a section hand in defendant’s employ, to go upon the railroad track and assist in removing from it a hand-car, when a train of cars was approaching and near at hand, the engine of which injured him, while so engaged. It is not clear whether the action is based upon the theory that Dawson…
2Cases cited8 opinions
- Coombs v. New Bedford Cordage Co.Massachusetts Supreme Judicial Court · 1869
- Sullivan v. India Manufacturing Co.Massachusetts Supreme Judicial Court · 1873
- Laning v. . N.Y.C.R.R. Co.New York Court of Appeals · 1872
- Davis v. Detroit & Milwaukee Rail RoadMichigan Supreme Court · 1870
- Keegan v. KavanaughSupreme Court of Missouri · 1876
3 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- Bond v. St. Louis-San Francisco Railway Co.Supreme Court of Missouri · 1926
- Phillips v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1908
- Sullivan v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1891
- Shelton v. Wolf Cheese Co.Supreme Court of Missouri · 1936
- Dowling v. Gerard B. Allen & Co.Supreme Court of Missouri · 1885
38 more not listed; retrieve them via the Exa API.