Shaefer v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from Jackson .Circuit Court. — How. E. P. Gates, Judge. (1) The trial court committed error in permitting the plaintiff to testify that after the difficulty had occurred the porter ran around the car and said, “This is my bread and butter, and if it was to do over I would do it again.”
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Appeal from Jackson .Circuit Court. — How. E. P. Gates, Judge. (1) The trial court committed error in permitting the plaintiff to testify that after the difficulty had occurred the porter ran around the car and said, “This is my bread and butter, and if it was to do over I would do it again.” (2) The testimony, as to what occurred between the porter and the other traveling man (if it did occur) had no bearing whatever upon what had taken place between the conductor, the porter and the plaintiff, and it is difficult to conceive any theory upon which it was admitted. However, it was calculated…
1Opinion of the CourtSmith, P. J.
This is an' action by plaintiff against defendant to recover damages for an assault (committed by a conductor and negro porter of the latter <on the former while a passenger on a train of such latter.
The facts which the plaintiff’s evidence tends to prove are stated with sufficient accuracy in the defendant’s statement of the case, and are: That plaintiff was a passenger on the defendant’s train on the evening of January 25, 1899, and when between St. Joseph, Missouri, and Atchison, Kansas, a difficulty occurred between him and the conductor. The testimony on both sides tended to show that…
2Cases cited14 opinions
- Harriman v. StoweSupreme Court of Missouri · 1874
- State v. ClintonSupreme Court of Missouri · 1878
- State v. PatrickSupreme Court of Missouri · 1891
- State v. HamiltonSupreme Court of Missouri · 1874
- State v. ShieldsSupreme Court of Missouri · 1850
9 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Hays v. HoganMissouri Court of Appeals · 1914
- State v. JaponeSupreme Court of Iowa · 1926
- Giles v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1913
- Buffum v. F. W. Woolworth Co.Missouri Court of Appeals · 1925
- National Surety Co. v. Oklahoma Nat. Life Ins. Co.Supreme Court of Oklahoma · 1917
3 more not listed; retrieve them via the Exa API.