Mahaney v. St. Louis & Hannibal Railroad
Supreme Court of Missouri
Appeal from Hannibal Court of Common Pleas. — Hon. Thos. H. Bacon, Judge. (1) Daniel Archdeacon, on his voir dire, said that his relation to plaintiff would influence his verdict, and he should, therefore, have been excused by the court. Railroad v. Adler, 56 111. 344; Davenport Co. v. Davenport, 13 Iowa, 229. (2) The court erred in permitting plaintiff to prove that he was a poor man, a married man and the number of his children, their ages, etc.
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Appeal from Hannibal Court of Common Pleas. — Hon. Thos. H. Bacon, Judge. (1) Daniel Archdeacon, on his voir dire, said that his relation to plaintiff would influence his verdict, and he should, therefore, have been excused by the court. Railroad v. Adler, 56 111. 344; Davenport Co. v. Davenport, 13 Iowa, 229. (2) The court erred in permitting plaintiff to prove that he was a poor man, a married man and the number of his children, their ages, etc. This testimony had no legitimate bearing on the issues made by the pleadings, and was calculated to work to the prejudice of the defendant by…
1Opinion of the CourtGantt, P. J.
This is an action for personal injury, the loss of a leg, by the plaintiff, who was acting as a roustabout in the employ of defendant. At the time of the accident, he was riding on the pilot of an engine, that was placing some cars on a fuel track. The negligence complained of was the defective condition of this track. It was charged to have been so uneven, that plaintiff, without his fault, was thrown from the pilot and his leg crushed by the engine passing over it. The answer was a general denial and contributory negligence.
On the trial the testimony on the part of plaintiff tended to show…
2Cases cited7 opinions
- Huhn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Stephens v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1888
- Dayharsh v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1890
- Soeder v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1890
- Brennan v. City of St. LouisSupreme Court of Missouri · 1887
2 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- O'Mellia v. Kansas CitySupreme Court of Missouri · 1893
- E. O. Stanard Milling Co. v. White Line Central Transit Co.Supreme Court of Missouri · 1894
- Doyle v. Missouri, Kansas & Texas Trust Co.Supreme Court of Missouri · 1897
- Ruschenberg v. Southern Electric RailroadSupreme Court of Missouri · 1901
- George v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1910
32 more not listed; retrieve them via the Exa API.