Partello v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Noto. W. A. Powell, Judge. (1) As sliown by tbe result, the fact tbat tbe jurors read tbe article in tbe “Star” showing tbe amount of tbe former verdict, was prejudicial to tbe defendant and tbe court should have discharged tbat jury, as requested by defendant’s counsel, and im-. paneled a new jury to try tbe case.
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Appeal from Jackson Circuit Court. — Noto. W. A. Powell, Judge. (1) As sliown by tbe result, the fact tbat tbe jurors read tbe article in tbe “Star” showing tbe amount of tbe former verdict, was prejudicial to tbe defendant and tbe court should have discharged tbat jury, as requested by defendant’s counsel, and im-. paneled a new jury to try tbe case. G-ibney v. Transit Co., 204 Mo. 704. (2) Tbe court erred in referring to tbe former opinion of tbe Supreme Court, in tbe presence of tbe jury in passing on tbe defendant’s objections to evidence; tbe court erred in refusing to discharge tbe jury…
1Opinion of the CourtKennish, J.
This case is an appeal from a judgment of the circuit court of Jackson county. The respondent is the wife of Major Partello of the United States Army. On the 9th day of October, 1904, respondent, with her husband and children, was a passenger on appellant’s train running from Kansas City, Missouri, to Ft. 'Leavenworth, Kansas. As the *127train was passing over the terminal tracks leaving Kansas City, the engine collided with an engine upon a switch track, moving in the opposite direction. The collision caused the train to stop suddenly, throwing the passengers violently forward. The respondent’s…
2Cases cited10 opinions
- Brown v. SwinefordWisconsin Supreme Court · 1878
- Metropolitan Bank v. TaylorSupreme Court of Missouri · 1876
- Partello v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1909
- Evans v. Town of TrentonSupreme Court of Missouri · 1892
- Overall v. EllisSupreme Court of Missouri · 1866
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3Cited by12 opinions
- Henderson v. DreyfusNew Mexico Supreme Court · 1919
- State v. AdamoWashington Supreme Court · 1924
- State v. CunninghamOregon Supreme Court · 1943
- Removich v. Bambrick Bros. Construction Co.Supreme Court of Missouri · 1915
- Yost v. Union Pacific RailroadSupreme Court of Missouri · 1912
7 more not listed; retrieve them via the Exa API.