Public-domain · open source
OpenJurist

35 Mo. 133

Langford v. Sanger

Supreme Court of Missouri

Decided March 15, 1864

Supreme Court of Missouri · decided 1864-03-15

Louis Court of Common Pleas. The matter most worthy of attention is, whether or not the paper called “ bill of particulars of work done” could be read in evidence, because on that paper the case rested before the jury. We contend that paper could not be read in evidence for any purpose. I. It purports to be, and is in fact, a copy of a private paper by a deceased resident engineer (Gordon) of the railroad company.

Decided 1864-03-15

Dryden, Judge,

¶1delivered the opinion of the court.

¶2This was a suit on a contract by which the plaintiffs agreed to frame and erect fifteen railroad bridges for the defendants on the Illinois division of the Ohio and Mississippi railroad, for a fixed price per foot, lineal measure, to be paid by the defendants. One of the main questions of fact raised by the *134pleadings, was as to the number of feet contained in the work. In support of this issue the plaintiffs read in evidence, against the objections of the defendants, a paper purporting to be a copy of the final estimate of the work by the engineer in charge of that part of the road, showing the number of feet contained in the fifteen bridges. There was no attempt to show where the original estimate was, or to account for its absence. Furthermore, if the non-production of the original had been sufficiently accounted for, the proof that the -paper produced was a copy was wholly insufficient for that purpose. That proof consisted alone of the ex parte, unsworn certificate of an engineer, who succeeded the one who it is assumed made the'measurement.

¶3The court erred in permitting the paper to be read, and for this cause its judgment must be reversed and the cause remanded ; the other judges concurring.

/35/mo/133 · .json · Public domain