Geary v. Kansas City, Osceola & Southern Railway Co.
Supreme Court of Missouri
Appeal from Clay Circuit Court. — Hon. E. J. Broaddus Judge. ) (1) The defendant complains of the action of the trial court in overruling its application for a continuance. The court permitted plaintiff to admit that the witness “if present would swear to the facts,” and overruled the application.
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Appeal from Clay Circuit Court. — Hon. E. J. Broaddus Judge. ) (1) The defendant complains of the action of the trial court in overruling its application for a continuance. The court permitted plaintiff to admit that the witness “if present would swear to the facts,” and overruled the application. This admission was made by plaintiff in consequence of the fact that he had secured witnesses to prove contradictory statements made by such absent witness, which defendant could not meet on account of the absence of such witness. Under these circumstances defendant was denied due process of law.…
1Opinion of the CourtBbace, J.
This is an appeal from a judgment of the circuit court of Clay county in favor of the plaintiff for the sum of $4,500 in an action for damages for personal injuries received by him while acting as conductor of one of defendant’s construction trains, the locomotive of which it is alleged in the petition “was derailed by reason of the breaking of the flange of the wheel of the front truck thereof, which said wheel was and for many days prior thereto had been in a cracked, defective and dangerous condition.” The answer was a general denial and a plea of contributory negligence, upon which issue…
2Cases cited6 opinions
- State v. BerkleySupreme Court of Missouri · 1887
- Graham v. StateSupreme Court of Arkansas · 1887
- Elsner v. Supreme Lodge, Knights & Ladies of HonorSupreme Court of Missouri · 1889
- Richey v. BransonMissouri Court of Appeals · 1889
- Woolwine v. BickMissouri Court of Appeals · 1890
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Phippin v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1906
- Elgin v. Kroger Grocery & Baking Co.Supreme Court of Missouri · 1947
- Brady v. Kansas City, St. Louis & Chicago RailroadSupreme Court of Missouri · 1907
- Klaber v. Kansas City, MissouriMissouri Court of Appeals · 1929
- Pierce v. St. Louis Public Service Co.Missouri Court of Appeals · 1964
4 more not listed; retrieve them via the Exa API.