State V. Trimble
Decision Date | 25 June 1926 |
Docket Number | No. 26529.,26529. |
Citation | 285 S.W. 729 |
Parties | STATE ex rel. SMITH v. TRIMBLE et al. |
Court | Missouri Supreme Court |
Certiorari to Kansas City Court of Appeals.
Certiorari by the State, on the relation of Louis Smith, by next friend, against Francis E. Trimble and others, Judges of the Kansas City Court of Appeals and another to review an opinion reversing and remanding judgment for relator in his action against Rothenberg & Schloss Cigar Company. Opinion and judgment of Court of Appeals quashed.
Forsee & Forsee, of Kansas City, for relator.
Henry S. Conrad, L. E. Durham, and Hale Houts, all of Kansas City, for respondents.
Certiorari to review the opinion of the Kansas City Court of Appeals in Louis Smith, by Next Friend, v. Rothenberg & Schloss Cigar Company, reversing judgment for the plaintiff for the sum of $5,000 for damages for personal injuries sustained by him about 8 p. m. on March 8, 1922, and remanding the cause for new trial. The opinion of the learned Court of Appeals reads in part:
"It is also charged that the court erred in permitting plaintiff's witness Mrs. Reinart to testify that defendant's salesman, Keyes, the driver of the truck, said to her" immediately after the accident and while yet at the scene where it occurred, that he 'was late in getting home and he was in a hurry and didn't see the boy until he was right on him.' The objection to this testimony is that it was hearsay, not binding on defendant, and that it was prejudicial.
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