Heiberger v. Missouri & Kansas Telephone Co.
Missouri Court of Appeals
Appeal from Cooper Circuit Court. — Hon. William H. Martin, Judge. (1) The jury were instructed that appellant could not be held liable unless it knew or by the exercise of reasonable diligence should have known of the defect in the wires a sufficient length of time before the accident occurred to have repaired the same. This instruction was the law of the case, which the jury could not disregard.
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Appeal from Cooper Circuit Court. — Hon. William H. Martin, Judge. (1) The jury were instructed that appellant could not be held liable unless it knew or by the exercise of reasonable diligence should have known of the defect in the wires a sufficient length of time before the accident occurred to have repaired the same. This instruction was the law of the case, which the jury could not disregard. Peet v. Railroad (la.), 55 N. W. 508; Smith v. Pearson (Minn.), 46 N. W. 849; Railroad v. Hutchinson, 40 Kan. 51. (2) The wire fell only forty-five minutes before the accident occurred. This was not…
1Opinion of the CourtJohnson, J.
Action to recover damages for personal injuries alleged to have been caused by the negligence of defendant. Verdict and judgment were for plaintiff in the sum of twenty-five hundred dollars, and defendant appealed.
Plaintiff was injured in the evening of August 10, 1905, on the Missouri river near Boonville, where she lived. She had spent the day at Chouteau Springs and, together with nine other persons, attempted to return home in a gasoline launch of somewhat crude construction. The way pursued by the boat was’downstream and along the main channel where the current runs at a speed of six…
2Cases cited11 opinions
- Gannon v. Laclede Gas Light Co.Supreme Court of Missouri · 1898
- Redmon v. Metropolitan Street RailwaySupreme Court of Missouri · 1904
- Homans v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1902
- Benson v. MorrowSupreme Court of Missouri · 1875
- Mowry v. NormanSupreme Court of Missouri · 1907
6 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Bass v. Nooney Co.Supreme Court of Missouri · 1983
- Brisboise v. Kansas City Public Service Co.Supreme Court of Missouri · 1957
- Kelly v. City of HigginsvilleMissouri Court of Appeals · 1914
- Warren v. Missouri & Kansas Telephone Co.Missouri Court of Appeals · 1917
- Bedenk v. St. Louis Public Service CompanySupreme Court of Missouri · 1955
5 more not listed; retrieve them via the Exa API.