Moudy v. St. Louis Dressed Beef & Provision Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Jesse A. McDonald, Judge. (1) A deposition may not be read in evidence unless one of tie reasons assigned in tie statute for the admission of said deposition is properly established by competent evidence. Wetherall v. Patterson, 31 Mo. 459; Livermore v. Eddy, 3 Mo. 547; Grinan v. Mockler, 29 Mo. 346; Hollfield v. Block, 20 Mo.
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Appeal from St. Louis City Circuit Court. — Hon. Jesse A. McDonald, Judge. (1) A deposition may not be read in evidence unless one of tie reasons assigned in tie statute for the admission of said deposition is properly established by competent evidence. Wetherall v. Patterson, 31 Mo. 459; Livermore v. Eddy, 3 Mo. 547; Grinan v. Mockler, 29 Mo. 346; Hollfield v. Block, 20 Mo. App. 331. (2) In the absence of actual knowledge of the condition of the brake defendant’s servants were entitled to presume that the brake was an ordinary one and was in ordinary good order, and nothing short of actual…
1Opinion of the CourtNixon, P. J.
This was an action for personal injuries sustained by the plaintiff. The suit was brought originally against the appellant herein, together with the Missouri Pacific Railway Company and the Manufacturers’ Railroad Association of St. Louis, but, as will be shown, the court at the conclusion of the plaintiff’s evidence sustained a demurrer to the evidence so far as the two last named defendants were concerned.
The petition charges that the Manufacturers’ Railroad Association of St. Louis, the Missouri Pacific Railway Company and the St. Louis Dressed Beef and Provision Company are the owners or…
2Cases cited5 opinions
- Bragg v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1905
- Gaul v. WengerSupreme Court of Missouri · 1854
- Wallace v. St. Louis Transit Co.Missouri Court of Appeals · 1907
- Spaulding v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1908
- Feddeck v. St. Louis Car Co.Missouri Court of Appeals · 1907
3Cited by7 opinions
- Missouri Pacific Railroad v. Whitehead & Kales Co.Supreme Court of Missouri · 1978
- Mayne v. Kansas City Railways Co.Supreme Court of Missouri · 1921
- Winn v. Kansas City Belt Railway Co.Supreme Court of Missouri · 1912
- Voelker v. Hill-O'Meara Construction Co.Missouri Court of Appeals · 1910
- Flenner v. Southwest Missouri RailroadMissouri Court of Appeals · 1926
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