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Carpenter v. Kurn

Supreme Court of Missouri
157 S.W.2d 213 (1941)


Kurn (defendant) was the engineer of a train that struck and killed a pedestrian, Reuben Carpenter. Carpenter's wife (plaintiff) sued Kurn for wrongful death damages. At trial, Mrs. Carpenter's witnesses testified about a test they conducted to measure the distance at which Kurn should have been able to see Mr. Carpenter in time to avoid the accident. The witnesses conducted the test while they were stationary and on foot, rather than on board a moving train. The witnesses explained why these factors did not invalidate their test results. The judge admitted the testimony, and the jury's verdict was for Mrs. Carpenter. Kurn appealed to the Supreme Court of Missouri, arguing that the judge erred in admitting testimony about the test.

Rule of Law


Holding and Reasoning (Tipton, P.J.)

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