Rooker v. Deering Southwesern Railway Co.
Missouri Court of Appeals
Appeal from Circuit Court of Pemiscot County. — Hon. Sterling H. McCarty, Judge. (1) “Statements made by the conductor to the injured passenger is not admissible in evidence on the ground that the conductor was an agent and representative of the Company and not admissible as a part of the res gestae.”
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Appeal from Circuit Court of Pemiscot County. — Hon. Sterling H. McCarty, Judge. (1) “Statements made by the conductor to the injured passenger is not admissible in evidence on the ground that the conductor was an agent and representative of the Company and not admissible as a part of the res gestae.” Redman v. Railway, 185 Mo. 1, 11; Mc-Dermot v. Railway, 73 Mo. 516; Ruschenberg v. Railway, 161 Mo. 79-80; Barker v. Railway, 126 Mo. 143; State ex rel. v. Reynolds, 208 S. W. 620; Leeinan v. Railroad, 151, Mo. App. 514; Koenig v. Railway Co., 173-Mo. 698; Cross v. Coal Co., 186 S. W. 529. (2)…
1Opinion of the CourtFarrington, J.
This is a personal injury suit. The plaintiff recovered a judgment in the trial court, from which defendant appeals. The case is here on the second appeal and a statement of the facts surrounding the injury will be found in 204 S. W. 556.
On the second trial the plaintiff filed an amended petition basing the ground of negligence causing her injury on a sudden jerk forward while she was standing on the platform preparing to alight from the train, which caused her to fall and be thrown and receive the injuries complained of.
There are several errors alleged. The first is that defendant’s demurrer…
Also in this document: Concurrence.
2Cases cited3 opinions
- Swift v. Continental Oil & Cotton Co.Court of Appeals of Texas · 1914
- Bowman v. Marceline Coal & Mining Co.Missouri Court of Appeals · 1913
- Craton v. HuntzingerMissouri Court of Appeals · 1912
3Cited by5 opinions
- State Ex Rel. Missouri Highways & Transportation Commission v. LegereMissouri Court of Appeals · 1986
- Fabian v. GoldstoneIndiana Court of Appeals · 1952
- Rooker v. Deering Southwestern Railway Co.Missouri Court of Appeals · 1923
- Fabian v. GoldstoneIndiana Court of Appeals · 1952
- Guidewell v. PattersonMissouri Court of Appeals · 1921