Aaron v. Metropolitan Street Railway Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. James H. Slover, Judge. The court erred in overruling defendant’s motion for new trial: (a) Defendant was entitled to a new trial on the ground of newly discovered evidence. Proper diligence was shown; the evidence had been kept concealed as thoroughly as possible by plaintiff, and, owing to the nature of the disease and its treatment, it was very difficult to get at.
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Appeal from Jackson Circuit Court. — Hon. James H. Slover, Judge. The court erred in overruling defendant’s motion for new trial: (a) Defendant was entitled to a new trial on the ground of newly discovered evidence. Proper diligence was shown; the evidence had been kept concealed as thoroughly as possible by plaintiff, and, owing to the nature of the disease and its treatment, it was very difficult to get at. Its nature was such as that it ought to very materially affect the verdict of. a jury. State v. Murray, 91 Mo. 103; State v. Baily, 94 Mo. 315; Folding'Bed Co. v. Railroad, 148 Mo. 478.…
1Opinion of the CourtBroaddus, P. J.
The plaintiff’s suit is to recover damages for an injury sustained as the result of defendant’s negligence.
The plaintiff is a, lawyer, thirty-six years of age and a member of the Kansas City bar. On the 19th day of October, 1908, he was a passenger on defendant’s car operated on what is known as its Troost line. When the car arrived at a point between Ninth and Tenth street on its way north, the motorman lost control of it, and it ran back past Tenth and Twelfth streets on a downward grade with unusual velocity. As the car approached Thirteenth street the indications were that it would…
2Cases cited4 opinions
- Devoy v. St. Louis Transit Co.Supreme Court of Missouri · 1905
- Stephens v. City of MaconSupreme Court of Missouri · 1884
- Nugent v. Armour Packing Co.Supreme Court of Missouri · 1907
- Blake v. Royal InsuranceMissouri Court of Appeals · 1908