Kelly v. Chicago & Alton Railroad
Supreme Court of Missouri
Appeal from, Jackson Circuit Court. — Ron. P. M. Black, Judge. (1) The Court erred in permitting the witness, Melver, on behalf of respondent, to testify to a conversation occurring between him and appellant’s driver after the injury had happened. It was not a part of the res gestee and was incompetent. Adams v. Ry., 74 Mo. 553 ; Mc-Dermott v. Ry., 73 Mo. 516. (2) The court committed error in refusing to give the first and third instructions asked by appellant.
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Appeal from, Jackson Circuit Court. — Ron. P. M. Black, Judge. (1) The Court erred in permitting the witness, Melver, on behalf of respondent, to testify to a conversation occurring between him and appellant’s driver after the injury had happened. It was not a part of the res gestee and was incompetent. Adams v. Ry., 74 Mo. 553 ; Mc-Dermott v. Ry., 73 Mo. 516. (2) The court committed error in refusing to give the first and third instructions asked by appellant. Harlan v. Ry., 65 Mo. 25; Meyers v. Ry., 59 Mo. 223 ; Kelly v. Ry., 75 Mo. 138 ; Singerí v. Ry., 14 Rep. 405. (3) The court erred in…
1Opinion of the CourtRay, J.
This action was brought by plaintiff to recover damages for killing a horse and injuring a mule and harness and wagon by defendant’s cars at the crossing of Lydia avenue, over the railroad of defendant, in Kansas City, Missouri. The negligence charged in the petition was a failure to ring the bell within eighty rods of the crossing, and running the train at a speed in excess of six miles per hour, contrary to the city ordinance. The answer was a general denial and a plea of contributory negligence.
Evidence offered by plaintiff for the alleged purpose ■of showing the connection between the…
2Cases cited10 opinions
- Henze v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1880
- Harlan v. St. Louis, Kansas City & Northern RailroadSupreme Court of Missouri · 1877
- State ex rel. Clinton County v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1883
- Adams v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1881
- Fletcher v. Atlantic & Pacific RailroadSupreme Court of Missouri · 1877
5 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Payne v. Chicago & Alton RailroadSupreme Court of Missouri · 1896
- Baker v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1894
- Moore v. Lindell Railway Co.Supreme Court of Missouri · 1903
- Homuth v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1895
- Stotler v. Chicago & Alton Railway Co.Supreme Court of Missouri · 1907
14 more not listed; retrieve them via the Exa API.