(DOWNLOAD) "Jesse Elbert Hoover v. Edward Vincent" by Supreme Court of Missouri Division 2 # Book PDF Kindle ePub Free
eBook details
- Title: Jesse Elbert Hoover v. Edward Vincent
- Author : Supreme Court of Missouri Division 2
- Release Date : January 09, 1960
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
This case comes here upon a much abbreviated record and on one point of law. The lawyers are to be commended for their forthrightness.
We shall refer to the parties as they appeared below. The suit was for personal injuries sustained by plaintiff when his
car and defendant's truck collided on Highway 24 in Jackson County, about 8:00 p.m. on January 27, 1957. Plaintiff was going
east, defendant west. While various claims of negligence were pleaded, pro and con, the ultimate issue of fact in the trial
was: Who was partially on the wrong side of the road? Plaintiff was immediately approaching a curve to his left, going downhill,
and defendant was coming, or had just come, out of the curve. The evidence here indicates that both plaintiff and defendant
were traveling at approximately 40-45 miles per hour, that there was a drizzle, and that the pavement was "damp" or wet. The
detailed circumstances are unimportant here. The instructions both on defendant's primary negligence and plaintiff's contributory
negligence essentially submitted the issue as to whether the party thus charged with negligence had turned or driven across
the center line. On the cross-examination of plaintiff that issue was thoroughly explored. The verdict was for the defendant
and, after a motion for new trial which adequately preserved the point raised here, plaintiff appealed. At the end of plaintiff's cross-examination he was asked if he was not charged and convicted in "the Magistrate Court with
careless driving, and driving on the wrong side of the road * * *." The question was objected to and the objection was overruled,
but the point is not preserved here. Plaintiff's answer (after the question was repeated, in substance) was: "Convicted me
of careless driving." In defendant's case counsel offered the record of the Magistrate. This was objected to and considerable
colloquy ensued. The result was that certain parts of the charge were omitted in the reading of the record, the objection
was overruled, and the following was admitted and read: "State of Missouri vs. Jesse Elbert Hoover, 804 East Pacific, Independence,
Missouri. Before Joseph J. Brady, Sixth Magistrate District, Jackson County, Missouri. The charge is, that on or about the
27th day of January, 1957, at the County of Jackson and State of aforesaid, one Jesse Elbert Hoover did then and there unlawfully
operate a certain motor vehicle in a careless, imprudent and negligent manner, driving on the wrong side of the road, colliding
with another vehicle. On this 20th day of February, 1957, the defendant was brought into court, the information is read in
the presence of the defendant and he enters a plea of not guilty. Upon examination on said charge, the witnesses being produced,
sworn and examined, and the case submitted, it is adJudged by the Magistrate that the defendant be found guilty." Counsel
stated that the record was offered "in impeachment of plaintiff with respect to the credibility of the plaintiff" and as concerning
the "nature of the charge." The objections were that the record was unnecessary and prejudicial, plaintiff having already
admitted the conviction of careless driving, and particularly so in that it showed a conviction arising out of the very accident
in question.