Peck v. Springfield Traction Co.
Missouri Court of Appeals
Appeal from Polk Circuit Court. — No». Argus Cox, Judge. (1) The court erred in permitting counsel for plaintiff to state to the jury in Ms opening statement an alleged conversation between plaintiff and the conductor of defendant. The evidence was not a part of the res gestae. Objections by defense were specific, yet the court permitted a detailed statement of incompetent and highly prejudicial testimony.
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Appeal from Polk Circuit Court. — No». Argus Cox, Judge. (1) The court erred in permitting counsel for plaintiff to state to the jury in Ms opening statement an alleged conversation between plaintiff and the conductor of defendant. The evidence was not a part of the res gestae. Objections by defense were specific, yet the court permitted a detailed statement of incompetent and highly prejudicial testimony. A few of the Missouri authorities will suffice: Rogers v. McCune, 19 Mo. 558; Adams v. Railroad, 74 Mo. 553; Aldridge v. Midland Co., 78 Mo. 559; Devlin v. Railroad, 87 Mo. 545; Barker v.…
1Opinion of the CourtEllison, J.
The plaintiff received personal injuries while a passenger on one of defendant’s street cars in Springfield, which she charged to defendant’s negligence, and brought this action for damages. The cause was taken to Polk county by change of venue, where plaintiff had judgment. It appears that there were two cars, the rear one called a trailer. The evidence in behalf of the plaintiff, which, as the verdict was in her favor, we must accept as true, tended to show that plaintiff boarded the rear car safely and that upon approaching where she desired to alight she gave a signal to stop and that the…
2Cases cited4 opinions
- Harrison v. Kansas City Electric Light Co.Supreme Court of Missouri · 1906
- Anderson v. Union Terminal RailroadSupreme Court of Missouri · 1901
- Stavinow v. Home InsuranceMissouri Court of Appeals · 1891
- Buckman v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1903
3Cited by6 opinions
- Baker v. FortneyMissouri Court of Appeals · 1957
- Gold v. S. Pian Time Payment Jewelry Co.Missouri Court of Appeals · 1912
- Smith v. Kansas City Public Service Co.Missouri Court of Appeals · 1933
- Riehle v. Broadway Motors, Inc.Missouri Court of Appeals · 1961
- Ely v. Southwest Missouri RailroadMissouri Court of Appeals · 1910
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