Standley v. Atchison, Topeka & Santa Fe Railway Co.
Missouri Court of Appeals
Appeal from Carroll Circuit Court. — Eon. John P. \Butler, Judge. (1) Opinions, conclusions and deductions as to existing conditions, and opinions or predictions as to future happenings are alike incompetent when applied to physical facts which can be described to the jury. Such expressions usurp the province of the jury. Muff v. Railroad, 22 Mo. App. 584; Kendall Oo. v. Bain, 46 Mo. App. 581; Madden v. Railroad, 50 Mo. App. 666; Krueger v. Railroad, 84 Mb.
Read the full summary
Appeal from Carroll Circuit Court. — Eon. John P. \Butler, Judge. (1) Opinions, conclusions and deductions as to existing conditions, and opinions or predictions as to future happenings are alike incompetent when applied to physical facts which can be described to the jury. Such expressions usurp the province of the jury. Muff v. Railroad, 22 Mo. App. 584; Kendall Oo. v. Bain, 46 Mo. App. 581; Madden v. Railroad, 50 Mo. App. 666; Krueger v. Railroad, 84 Mb. App. 358; Kirby .v. Railroad, 85 Mo. App. 351; Nash v. Dowling, 93 Mo. App. 156;-Schermer v. McMahon, 108 Mo. App. 36; Granev v.…
1Opinion of the CourtBroaddus, P. J.
The plaintiff’s suit is to recover damages for the loss of his growing crops in the years 1903 and 1904, which he alleges were the result of the negligent construction of defendant’s bridge across Little Wakenda creek. He alleges in his petition that at the times mentioned he was the owner of about one hundred and thirteen acres of land, thirty-five of which were bottom land, situated one-third of a mile northeast of said bridge, the defendant’s right of way forming its southern boundary. Cottonwood creek and Chapman branch run through and join on plaintiff’s land and empty into Little…
2Cases cited15 opinions
- Commonwealth v. SturtivantMassachusetts Supreme Judicial Court · 1875
- Davis v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1886
- Graney v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1900
- Pruitt v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1876
- McPherson v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1888
10 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Heller v. Fire Insurance ExchangeSupreme Court of Colorado · 1990
- Kennedy v. Union Electric Co.Supreme Court of Missouri · 1948
- Moore v. Associated Material & Supply Co.Supreme Court of Kansas · 1997
- Adam v. Chicago, Burlington & Quincy RailroadMissouri Court of Appeals · 1909
- Fulton v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1907
16 more not listed; retrieve them via the Exa API.