Baker v. Metropolitan St. Ry. Co.
| Decision Date | 13 June 1914 |
| Docket Number | No. 11181.,11181. |
| Citation | 181 Mo. App. 392,168 S.W. 842 |
| Parties | BAKER v. METROPOLITAN ST. RY. CO. |
| Court | Missouri Court of Appeals |
Appeal from Circuit Court, Jackson County; Kimbrough Stone, Judge.
Action by Mattie Baker against the Metropolitan Street Railway Company. From a judgment for plaintiff, defendant appeals. Reversed and remanded.
L. T. Dryden, of Independence, for appellant. Kimbrell & White, of Kansas City, for respondent.
Plaintiff's action is for personal injury resulting from a fall from one of defendant's street cars while attempting to alight. The judgment in the trial court was for her.
Her case, as shown by the petition, is founded on her attempting to step from the car to the pavement, when the car was suddenly started, and she was thrown violently upon the street. Several rulings are assigned as errors, and an elaborate brief filed in support of the appeal. Notwithstanding this plaintiff has not favored us with a brief, and we proceed to dispose of the case without assistance from her. When a respondent concludes to violate the rules of the court in not filing a brief, for the reason that error is conceded, the court should be so informed, and not put to the labor of an investigation.
Plaintiff introduced a physician as one of her witnesses. She had taken his deposition in the case, and it must be assumed she knew the nature of his testimony and the character of witness he would make. If she was not satisfied with his testimony, and if her attorney, on that ground, proceeded to examine him at length with a view of impeaching his credibility, she could not do so, as there was nothing to show that plaintiff had been surprised and deceived as to the nature of the witness' testimony. If such were the circumstances, the examination should not have been permitted. Dunn v. Dunnaker, 87 Mo. 597, 600; State v. Burks, 132 Mo. 372, 34 S. W. 48. But we are not certain from the record that the circumstances were...
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State v. Hogan
...177 S.W.2d 465 352 Mo. 379 State v. Patrick Hogan, alias Courtney Murray, alias Larry Wahl, alias John Baker, alias Larry Baker, alias Paddy Clifford, Appellant No. 38428Supreme Court of MissouriFebruary 7, 1944 ... Appeal ... from ... Central Surety & Ins. Corp., 112 S.W.2d 607, 232 Mo.App ... 748; Spurgin Grocer Co. v. Frick, 73 Mo.App. 128; ... Baker v. Metropolitan St. Ry. Co., 168 S.W. 842, 181 ... Mo.App. 392; Gallagher v. Lumber Co., 273 S.W. 213 ... (5) All assignments of error contained in the motion for ... ...
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Borrson v. Missouri-Kansas-Texas R. Co.
...telegraph poles away. In support of its contention on this assignment appellant cites three cases, which are listed in the margin. [1] The Baker case ruled negligence of the operatives of streetcar which injured a plaintiff could not be proved by showing other accidents involving other cars......
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Woelfle v. Connecticut Mut. Life Ins. Co. of Hartford, Conn.
... ... Tel ... Co., 211 S.W. 900; 1 Jones on Evidence, p. 59; ... Preferred Accident Ins. Co. of N. Y. v. Combs, 76 ... F.2d 775; Metropolitan Life Ins. Co. v. Siebert, 72 ... F.2d 6; Mass. Protective Ass'n v. Lewis, 72 F.2d ... 952; Standard Acc. Ins. Co. v. Rossi, 35 F.2d 667, ... Block. Dunn v. Dunnaker, 87 Mo. 597; Matter of ... Estate of Largue, 198 Mo. 261; Baker v. Metropolitan ... Street Railway Co., 181 Mo. 392, 393. Plaintiff was not ... entrapped into calling Mr. Block as a witness. Beier v ... St ... ...
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Woelfle v. Conn. Mut. Life Ins. Co.
...surprise at the very testimony which under such circumstances she would have known that Block would give. [Baker v. Metropolitan Street Ry. Co., 181 Mo. App. 392, 168 S.W. 842.] We repeat, therefore, that while plaintiff had the right to take Block's deposition upon her compliance with stat......