Barker v. St. Louis, Iron Mountain & Southern Railway Co.
Supreme Court of Missouri
Appeal from Mississippi Circuit Court. — Hon. H. C. O’Bryan, Judge. (1) Witness Travis ouglit to have been allowed to testify to the declarations of the passengers made while the train was at a standstill, /to the effect that Barker had just been put off.
Read the full summary
Appeal from Mississippi Circuit Court. — Hon. H. C. O’Bryan, Judge. (1) Witness Travis ouglit to have been allowed to testify to the declarations of the passengers made while the train was at a standstill, /to the effect that Barker had just been put off. Such, declarations were admissible as part of the res gestee. 1 Greenleaf on Evidence, sec. 108. (2) The testimony of Oscar Johnson as to a conversation between himself and the conductor some minutes after Barker had been removed from the train, was clearly inadmissible. Greenleaf, Evidence [Red-field’s Ed.], secs. 113, 114; Story on Agency,…
1Opinion of the CourtBakolay, J.
— This is an action to recover damages for personal injuries sustained by plaintiff by reason of his alleged unlawful ejection from defendant’s train.
The defense is that plaintiff was justifiably ejected, and that no unnecessary force was used in putting him off. The defensive allegations were put in issue by plaintiff’s reply. The cause then came to trial in due course.
The jury found for plaintiff in the sum of $7,500, under instructions which need not be closely examined, since the cause should go back for another reason, and the objectionable features of the old instructions can be removed…
2Cases cited7 opinions
- Devlin v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1885
- Adams v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1881
- McDermott v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1881
- Aldridge's Adm'r v. Midland Blast Furnace Co.Supreme Court of Missouri · 1883
- La Duke v. Township of ExeterMichigan Supreme Court · 1893
2 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Shelton v. Southern Railway Co.Supreme Court of North Carolina · 1927
- Redmon v. Metropolitan Street RailwaySupreme Court of Missouri · 1904
- Ruschenberg v. Southern Electric RailroadSupreme Court of Missouri · 1901
- McCormick v. StateTennessee Supreme Court · 1916
- Donnell v. WrightSupreme Court of Missouri · 1899
32 more not listed; retrieve them via the Exa API.