Mammerberg v. Metropolitan Street Railway Co.
Missouri Court of Appeals
Appeal from the Clay Circuit Court. — Hon. E. J. Broaddus, Judge. (1) It was error for the court to admit non-expert testimony on the question as to the distance in which a cable train could be stopped Gourley v. Railroad, 35 Mo. App. 92; Eckert v. Railroad, 13 Mo.
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Appeal from the Clay Circuit Court. — Hon. E. J. Broaddus, Judge. (1) It was error for the court to admit non-expert testimony on the question as to the distance in which a cable train could be stopped Gourley v. Railroad, 35 Mo. App. 92; Eckert v. Railroad, 13 Mo. App. 352; Maher v. Railroad, 64 Mo. 276; Csesewzka v. Railroad, 121 Mo. 212; Rogers on Expert Testimony, p. 237; Grinnell v. Railroad, 73 Iowa, 93, 34 N. W. Rep. 758. (2) Testimony was admitted over the objection of defendant in regard to the distance in which a cable train could be stopped without stating circumstances and…
1Opinion of the Court
Smith, P.-J.
This is an action which was brought to recover damages for personal injuries alleged to have been inflicted by reason of the negligence of the defendant. There was a trial and judgment for plaintiff, and from the latter the defendant appealed.
The evidence indisputably showed that the plaintiff negligently placed himself in a position of danger on the defendant’s street railway track. And the pivotal issue of fact to be left to the jury was whether, after the actual danger of defendant appeared, the gripman of the car which injured defendant, by the exercise of ordinary care, could…
2Cases cited13 opinions
- Maher v. Atlantic & Pacific RailroadSupreme Court of Missouri · 1876
- Slaughter v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1893
- Smith v. Chicago & Alton RailroadSupreme Court of Missouri · 1891
- Turner v. HaarSupreme Court of Missouri · 1893
- Duke v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1889
8 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Burge v. Wabash RailroadSupreme Court of Missouri · 1912
- Davidson v. St. Louis Transit Co.Supreme Court of Missouri · 1908
- Heinzle v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1904
- Seelig v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1921
- Cook v. Stimson Mill Co.Washington Supreme Court · 1906
4 more not listed; retrieve them via the Exa API.