Kirchof v. United Railways Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Hugo Muench, Judge. (1) The verdict of the jury is tainted with passion, prejudice, sympathy and partiality. Lehnick v. Eailroad, 118 Mo. App. 6ll. (2) The court erred in •permitting Dr. Baer to state his conclusion that plaintiff was physically unable to do nmnual labor. Glasgow v. Eailroad, 191 Mo. 847; Smart v. Kansas City, 208 Mo. 162; Lutz v. Eailroad, 128 Mo. App. 499; Thomas v. Eailroad, 125 Mo.
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Appeal from St. Louis City Circuit Court. — Hon. Hugo Muench, Judge. (1) The verdict of the jury is tainted with passion, prejudice, sympathy and partiality. Lehnick v. Eailroad, 118 Mo. App. 6ll. (2) The court erred in •permitting Dr. Baer to state his conclusion that plaintiff was physically unable to do nmnual labor. Glasgow v. Eailroad, 191 Mo. 847; Smart v. Kansas City, 208 Mo. 162; Lutz v. Eailroad, 128 Mo. App. 499; Thomas v. Eailroad, 125 Mo. App. 131; Kaw Peed Go. v. Eailroad, 129 Mo. App. 498; Sutter y. Kansas City, 138 Mo. App. 105. (3) The court erred in permitting witness Emil…
1Opinion of the CourtCaulfield, J.
(after stating the facts). — I. We have carefully examined and considered defendant’s contention that the trial court erred in overruling defendant’s demurrer to the evidence. Suffice to say that the testimony and admitted physical facts made a case proper for the jury, and the trial court’s action is sustained.
II. The defendant next assigns as error the action of the trial court in permitting Dr. Baer to state that up to the time'of the trial the plaintiff had.been unable to do manual labor. The court’s action was entirely proper. Even non-expert witnesses are permitted to state their…
2Cases cited15 opinions
- South & North Ala. Railroad v. McLendonSupreme Court of Alabama · 1879
- Degonia v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1909
- Dean v. Kansas City, St. Louis & Chicago RailroadSupreme Court of Missouri · 1906
- Peterson v. Seattle Traction Co.Washington Supreme Court · 1900
- Partello v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1909
10 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Heinbach v. HeinbachSupreme Court of Missouri · 1918
- Brown v. Kroger CompanyMissouri Court of Appeals · 1962
- Lee v. UllerySupreme Court of Missouri · 1940
- Marland Refining Co. v. McClungSupreme Court of Oklahoma · 1924
- Smallwood v. St. Louis-San Francisco Railway Co.Missouri Court of Appeals · 1924
4 more not listed; retrieve them via the Exa API.