82 S.W. 536 (Mo.App. 1904), Billmeyer v. St. Louis Transit Company
|Citation:||82 S.W. 536, 108 Mo.App. 6|
|Opinion Judge:||GOODE, J.|
|Party Name:||BILLMEYER, by next friend, Respondent, v. St. LOUIS TRANSIT COMPANY, Appellant|
|Attorney:||Boyle, Priest & Lehmann, Geo. W. Easley and Edward T. Miller for appellant. Richard F. Ralph and Chas. F. Krone for respondent.|
|Case Date:||October 18, 1904|
|Court:||Court of Appeals of Missouri|
Appeal from St. Louis City Circuit Court.--Hon. O'Neill Ryan, Judge.
REVERSED AND REMANDED.
E. J. Meyer, one of the jurors who tried this case, testified on his voir dire as follows:
"Q. Have you any prejudice in a case of this kind? A. I ought to have; they came pretty near killing a couple of the members of my family. That would not prejudice me so far as that goes in this case.
"Q. You think you could try the case fairly and impartially as far as the Transit Company? A. I think I could.
"Q. You would not come in with supposition they were always negligent and careless? A. No, sir.
"Q. You would give them as fair a trial as you would the plaintiff? A. I would.
"Q. You do not know Mr. Miller who represents the Transit Company? A. No, sir.
"Q. You are sure you could try the case fairly? A. Yes, sir.
"Q. You say two members of your family were recently injured by the defendant? A. The criminal carelessness of it caused it.
"Q. Were they riding in the cars? A. Yes, sir.
"Q. Were they in a collision? A. No, sir.
"Q. Was it an injury while getting on or off of a car? A. An injury after they got off of the car.
"Q. That fact of itself has naturally caused some hard feeling against the management, against the Transit Company, has it not? A. They did not take any interest in the matter at all and I wanted them to do so.
"Q. You have some rather hard feeling against them for the way they treated the matter? A. Yes, sir.
"Q. You have it and think you have a right to have it? A. Yes, sir.
"Q. If selected as a juror in this case, as one of the twelve to try it, you would carry with you into the jury box the same feeling that you now have? A. It will not interfere with my decision in any verdict.
"Q. You would go in the jury box having the same feeling the hard feeling you think you have the right to have against the Transit Company? A. I could not get over that.
"Q. And it would require the defendant to make a stronger defense than if the defendant were some other company where you had not been injured at all by an act of the other company? A. Yes...
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