Evans v. Hilliard
Citation | 112 S.W.2d 886 |
Decision Date | 11 February 1938 |
Docket Number | No. 19019.,19019. |
Parties | LOUISE EVANS, BY NEXT FRIEND, JOHN EVANS, RESPONDENT, v. SAM HILLIARD, APPELLANT. |
Court | Court of Appeal of Missouri (US) |
Appeal from the Circuit Court of Jackson County. — Hon. Thos. J. Seehorn, Judge.
APPEAL DISMISSED.
Thos. C. Swanson and John A. McGuire for respondent.
Sprinkle & Knowles for appellant.
We conclude that our disposition of this case will be better understood by inserting here the first and last sentence of rule No. 16 of this court as follows:
`In compliance with section 863, Revised Statutes 1899, the statement filed by the appellant shall consist of a clear and concise statement of the case without argument, reference to issues of law or repetition of testimony of witnesses.
.....
The purpose of this rule is to enable the court to be informed of the material facts of the case by the statements, without being compelled to glean them from the abstract of the record."
The first three paragraphs of appellant's statement are as follows:
`Plaintiff's case was tried upon her amended petition for damages which charged negligence under the last chance doctrine, as well as primary negligence in failing to keep a lookout (R. 1).
Following the above, the statement contains thirteen pages wherein the appellant takes up each witness and purports to give a narration of the testimony of each.
Thereafter the statement concludes as follows:
In appellant's statement we are told that plaintiff's petition charged negligence under the last chance doctrine, and primary negligence in failing to keep a lookout, and that plaintiff seeks to recover damages against the defendant by reason of alleged injuries received March 24, 1935, by reason of the collision of two automobiles at a place on Van Horn Road near a hamburger stand.
Such does not constitute any statement of the case that informs the court of the material facts. It is not even disclosed that defendant's car was in the collision.
By a reading of the appellant's conclusions as to what the witnesses testified to, we are informed that the collision, in which plaintiff claims to have been injured, was between a car in which plaintiff was riding and one driven by the defendant. However, the appellant having failed to make a statement of the facts and having but informed us that humanitarian issue was involved, we are left to glean, insofar as the statement is concerned, the material facts from appellant's statement of his conclusions as to the testimony of the various witnesses.
Paragraph No. 3 of appellant's statement, set out above, is characteristic of his statement as to the testimony of witnesses, in that it principally deals with matters that have no bearing upon any issue involved in a humanitarian case. Further, the appellant's statement of the testimony appears to be a gleaning of facts that he concludes are deducible from the...
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