Legal Opinion

Mellor v. Missouri Pacific Railway Co.

Supreme Court of Missouri

Decided April 15, 1891PublishedCited by 97 opinions

Appeal from St. Louis City Circuit Court. — IIon. L. B. Y allí ant, Judge. (1) The court erred in excluding competent evidence offered by defendant, viz. : That of Dr. Scott as to plaintiff’s condition while in his charge. Edington v. Ins.

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Appeal from St. Louis City Circuit Court. — IIon. L. B. Y allí ant, Judge. (1) The court erred in excluding competent evidence offered by defendant, viz. : That of Dr. Scott as to plaintiff’s condition while in his charge. Edington v. Ins. Co., 77 N. Y. 568 ; Or oil v. Tower, 85 Mo. 250 ; McKinney v. Railroad, 104 N. Y. 352 ; Ex parte Marmaduke, 91 Mo. 254; Greenleaf t>. Birth, 5 Pet. 137; Pinkham v. Cockrell, 43 N. W. Rep. 921 ; Railroad v. Huntley, 38 Mich. 537; Brown v. Ins. Co., 32 N. W. Rep, 610 ; Hunt v. Blackburn, 128 U. S. 464. (2) The court erred in refusing defendant’s instructions…

1Opinion of the CourtThomas, J.

This cause came to the court in banc from division number 1. Barclay, J., made a statement of the case and delivered the opinion in that division, which statement and opinion are as follows:

“ Plaintiff’s action is for personal injuries sustained on one of defendant’s trains. He was a clerk in the employ of the United States at the time, and, as such, in charge of mail matter in a postal car forming part of a passenger train on defendant’s railway. The mail was carried by defendant under a contract with the federal authorities. The accident occurred near Pleasant Hill, Missouri, November 27,…

2Cases cited19 opinions

  1. Taylor v. Town of MonroeSupreme Court of Connecticut · 1875
  2. Edington v. . Aetna Life Ins. Co.New York Court of Appeals · 1879
  3. Furnish v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
  4. Leeds v. . Metropolitan Gas-Light Co.New York Court of Appeals · 1882
  5. Westover v. . Aetna Life Ins. Co.New York Court of Appeals · 1885

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

3Cited by97 opinions

  1. Davidson v. St. Louis Transit Co.Supreme Court of Missouri · 1908
  2. Och v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1895
  3. Epstein v. Pennsylvania RailroadSupreme Court of Missouri · 1913
  4. Slaughter v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1893
  5. Burgess v. Sims Drug Co.Supreme Court of Iowa · 1901

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

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