Kersten Ex Rel. Kersten v. Hines
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. J. Hugo Grimm, Judge. (1)' The trial court erred in setting aside the verdict of the jury and granting the respondent a new trial herein. A party offering in evidence what it claims is a memorandum in the handwriting of a witness without first having given the witness an opportunity to explain the memorandum or to testify as to its genuineness is not entitled to have such claimed memorandum go before the jury.
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Appeal from St. Louis City Circuit Court. — Hon. J. Hugo Grimm, Judge. (1)' The trial court erred in setting aside the verdict of the jury and granting the respondent a new trial herein. A party offering in evidence what it claims is a memorandum in the handwriting of a witness without first having given the witness an opportunity to explain the memorandum or to testify as to its genuineness is not entitled to have such claimed memorandum go before the jury. Such party cannot complain if the opposing party offers to withdraw his objections to such evidence if such party fulfills some…
1Opinion of the CourtBlair, J.
This is an appeal from an order granting a new trial in an action for injuries to Stephen Kerston, a minor. Tbe injury occurred February 1,1918, and the action was begun May 17,1918. The trial occurred in 1919. The boy lost both legs and was otherwise injured. The motion for new trial was -sustained on the ground that certain remarks of counsel during the trial constituted error. The facts in connection with the several questions discussed are subsequently stated.
Remarks of Counsel,
I. The motion for new trial was sustained “because; of the action of counsel for plaintiff in making statements…
2Cases cited1 opinion
- Gregory v. CheathamSupreme Court of Missouri · 1865
3Cited by25 opinions
- Tabler v. PerrySupreme Court of Missouri · 1935
- Kirst v. Clarkson Construction CompanyMissouri Court of Appeals · 1965
- Gann v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1928
- Sakowski v. BairdSupreme Court of Missouri · 1934
- Dietrich v. Cape Brewery & Ice Co.Supreme Court of Missouri · 1926
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