Landers v. Quincy, Omaha & Kansas City Railroad
Missouri Court of Appeals
Appeal from Sullivan Circuit Court.—Hon. John P* Butler, Judge. (1) Errors in admission of evidence which caused a reversal on the last appeal, were again committed by the admission of the same evidence. The court erred in admitting evidence as to the condition of the hand car long before and long after the accident and as to repairs made upon it before and after the accident.
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Appeal from Sullivan Circuit Court.—Hon. John P* Butler, Judge. (1) Errors in admission of evidence which caused a reversal on the last appeal, were again committed by the admission of the same evidence. The court erred in admitting evidence as to the condition of the hand car long before and long after the accident and as to repairs made upon it before and after the accident. This evidence did not prove the condition of the car at the time of the accident and was clearly erroneous and prejudicial. The court held that the admission Of the same identical evidence of the'former trial was error…
1Opinion of the CourtBroaddus, P. J.
This case is here for the third time. There have been three verdicts and one mistrial.
The allegation of the second amended petition on which the cause was tried alleges among other matters that on the 23d day of April, 1904, and for a short time prior thereto, plaintiff with others was in the employ of defendant as a section hand, engaged in the operation of its railroad; the duties of the plaintiff and others employed with him being to assist in the building and repairing of the track and roadbed along its said line of railroad; that in the discharge of their said duties plaintiff, and those…
2Cases cited9 opinions
- Hipsley v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1885
- Mahaney v. St. Louis & Hannibal RailroadSupreme Court of Missouri · 1891
- Gutridge v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- State v. BuchlerSupreme Court of Missouri · 1890
- Swadley v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1893
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3Cited by1 opinion
- Johnson v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1912