Skip to main content
DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Kansas City Stock Yards Co. v. A. Reich & Sons, 250 S.W.2d 692 (1952)

Citation
Kansas City Stock Yards Co. v. A. Reich & Sons, 250 S.W.2d 692 (1952)
Parent Document
Kansas City Stock Yards Co. v. A. Reich & Sons, 250 S.W.2d 692 (1952)
Jurisdiction
Missouri (state)
Effective Date
1952-07-14

Other Sections in This Document (53)

Full Text

1,459 chars
Witness Charles J. Saunders, Fire Prevention Chief of Kansas City, identified a document in his department and of which he had charge, as a report of the fire in question. This record was kept by authority of an ordinance of Kansas City. It was prepared by witness McGrury, Department Fire Chief, from notes prepared by one Leo Nee, Battalion Chief. In this report was this notation: "Cause of fire—the careless use of welding torch." The evidence shows that no fireman or representative of the fire department arrived at the scene of the fire until it was so intense, it was impossible to go into the building. Mr. Nee was not present when the welding was taking place and therefore could have obtained no information about it except hearsay. The record is silent on the matter but he must have obtained his information about the use of the welding torch from one of the three employees. They were the only ones who knew about it. He turned his notes over to Mr. McGrury, from which Mr. McGrury made the report and signed it. This could only have been offered to prove the primary issue of negligence. Clearly the notation in the report was a conclusion based upon hearsay twice removed. It was an opinion upon the very question the jury was to decide, whether the defendant was negligent in causing the fire. Clearly the trial court did not err in excluding that portion of the report. Franklin v. Skelly Oil Co., 10 Cir., 141 F.2d 568; 153 A.L.R.Anno. 163.