Hamilton & Son v. Wabash, St. Louis & Pacific Railway Co.
Missouri Court of Appeals
Statement of case by the court. This is an action, brought before a justice of the peace, for the recovery of damages on account of the killing by defendant of a certain heifer, the property of plaintiffs. The plaintiffs had judgment before the justice, and the defendant appealed to the circuit court. In the latter court the plaintiffs proved the killing of the heifer as alleged in the petition. The real controversy seems to have been as to the value of the heifer.
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Statement of case by the court. This is an action, brought before a justice of the peace, for the recovery of damages on account of the killing by defendant of a certain heifer, the property of plaintiffs. The plaintiffs had judgment before the justice, and the defendant appealed to the circuit court. In the latter court the plaintiffs proved the killing of the heifer as alleged in the petition. The real controversy seems to have been as to the value of the heifer. Upon this subject the bill of exceptions is as follows: “S. Hamilton, one of the plaintiffs, testified * * * She was two years…
1Opinion of the CourtHall, J.
— The question in this case is, was the paper, purporting to be the pedigree of the heifer, and the other hearsay evidence, to which the defendant objected, ■competent evidence.
For the purposes of this case we shall concede that this question is to be determined in accordance with the rules of evidence governing in cases of pedigree in the human family. The principle upon which hearsay evidence, is held to be admissible in cases of pedigree has been thus stated: "Oral declarations are equally primary .as family records or other documents of the nature of hearsay, but the competency of each…
2Cases cited2 opinions
- Queen v. HepburnSupreme Court of the United States · 1813
- Davis v. WoodSupreme Court of the United States · 1816
3Cited by1 opinion
- Ohio & Mississippi Railway Co. v. StriblingAppellate Court of Illinois · 1890