Legal Opinion

Haynes v. Trenton

Supreme Court of Missouri

Decided June 19, 1894PublishedCited by 23 opinions

Appeal from Sullivan Circuit Court. — Hon. Gf. T). Burgess, Judge. (1) After respondent had exhibited to the jury the inflamed condition of his injured leg while on the witness stand, appellant had the right to have its medical witnesses inspect it in the presence of the jury, that they might be better able to testify as to what caused its inflamed condition, and the court erred in refusing to permit said inspection.

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Appeal from Sullivan Circuit Court. — Hon. Gf. T). Burgess, Judge. (1) After respondent had exhibited to the jury the inflamed condition of his injured leg while on the witness stand, appellant had the right to have its medical witnesses inspect it in the presence of the jury, that they might be better able to testify as to what caused its inflamed condition, and the court erred in refusing to permit said inspection. Hatfield v. Railroad, 22 N. W. Rep. 176; Schroeder v. Railroad, 47 Iowa, 375; Railroad v. Thul (29 Kan. 466), 44 Am. Rep. 659; White v. Railroad (61 Wis. 536), 50 Am. Rep. 154;…

1Opinion of the CourtBarclay, J.

— This is an action to recover compensation for personal injuries sustained by plaintiff. It is based on defendant’s alleged negligence in omitting reasonable care to keep a sidewalk in proper condition for public use.

It is the same action that was before the second division on a former occasion. Haynes v. Trenton (1892), 108 Mo. 123.

Plaintiff’s case, shortly stated, is that he fell through a hole in the sidewalk of one of the public streets in the city of Trenton, Missouri. He was walking homeward, about 7 p. m., January 12, 1888, when the boards of the plank walk, provided for pedestrians…

2Cases cited6 opinions

  1. Weller v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Missouri · 1894
  2. Bluedorn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
  3. Myers v. City of KansasSupreme Court of Missouri · 1891
  4. Haynes v. Town of TrentonSupreme Court of Missouri · 1891
  5. Whitman v. . FoleyNew York Court of Appeals · 1891

1 more not listed; retrieve them via the Exa API.

3Cited by23 opinions

  1. Hayden v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1894
  2. In re Organization & of the Bonds of the Central Irrigation DistrictCalifornia Supreme Court · 1897
  3. Balch v. HaasCourt of Appeals for the Eighth Circuit · 1896
  4. Sommers v. St. Louis Transit Co.Missouri Court of Appeals · 1904
  5. Brown v. Chicago, Milwaukee & St. Path Railway Co.North Dakota Supreme Court · 1903

18 more not listed; retrieve them via the Exa API.

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