Binsbacher v. St. Louis Transit Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — So». H. D. Wood, Judge. Error was committed by the court when it refused, upon motion of defendant’s counsel, to strike out the statement made 'by witness Bickley that the noises beard by Mm “sounded like a collision of the roof of of the car to me — that was my impression of it.” The general rule is that witnesses must state facts, and not their individual opinions or inferences.
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Appeal from St. Louis City Circuit Court. — So». H. D. Wood, Judge. Error was committed by the court when it refused, upon motion of defendant’s counsel, to strike out the statement made 'by witness Bickley that the noises beard by Mm “sounded like a collision of the roof of of the car to me — that was my impression of it.” The general rule is that witnesses must state facts, and not their individual opinions or inferences. The witness had no right to give it as his opinion that there was a collision. He could only describe what he saw and heard. It was the province of the jury to draw…
1Opinion of the CourtBland, P. J.
— On February 1, 1903, respondent was a passenger on one of appellant’s cars travelling west over Olive street, in the city of St. Louis. He occupied a seat at or near the front end of the car. The car had approached the neighborhood. of Channing' avenue when the second window from the front of the car, on the south side, was struck or jarred by some outside force with such violence as to break the glass into small fragments and hurl them into the car. Some of the pieces of glass struck plaintiff in the face cutting the flesh and' injuring one of his eyes. For these injuries he recovered a…
2Cited by6 opinions
- Saller v. Friedman Bros. Shoe Co.Missouri Court of Appeals · 1907
- Beuttenmuller v. Vess Bottling Company of St. LouisSupreme Court of Missouri · 1969
- Timmerman ex rel. Timmerman v. FrankelMissouri Court of Appeals · 1913
- Eubank v. Kansas City Terminal Railway Co.Supreme Court of Missouri · 1940
- Knapp v. HanleyMissouri Court of Appeals · 1910
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