Ridenour v. Wilcox Mines Co.
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Hon. David E. Blair, Judge. (1) In order to make out a case it is necessary to prove that the alleged acts of negligence caused the injury. Brown v. L. & L. Co., 65 Mo. App. 166; Ilerke v. Railroad, 141 Mo. App. 617; Warner v. Railroad, 178 Mo. 125; Groranson v. Mfg.
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Appeal from Jasper Circuit Court. — Hon. David E. Blair, Judge. (1) In order to make out a case it is necessary to prove that the alleged acts of negligence caused the injury. Brown v. L. & L. Co., 65 Mo. App. 166; Ilerke v. Railroad, 141 Mo. App. 617; Warner v. Railroad, 178 Mo. 125; Groranson v. Mfg. Co., 186 Mo. 300; Trigg v. Land and Lumber Co., 187 Mo. 231; Klebe v. Distilling Co., 207 Mo. 480. (2) It is not enough to show that Ridenour’s death might have resulted from the acts of negligence. The burden was on respondent to show with reasonable certainty that these acts were the cause of…
1Opinion of the CourtNixon, P. J.
This action was brought by R. N. Alexander as guardian of Selma Ridenour, a girl three years of age, for the alleged negligent killing of her father in the defendant’s mine. Judgment was rendered in the trial court for the sum of two thousand dollars against the defendant from which it has appealed.
The allegations of negligence in plaintiff’s petition upon which recovery was sought are as follows:
“That defendant, wholly disregarding its duty to said Jesse W. Ridenour in that respect, negligently and carelessly permitted the place where said Jesse W. Ridenour worked to become, be and remain in…
2Cases cited26 opinions
- Russ v. Wabash Western Railway Co.Supreme Court of Missouri · 1892
- Combs v. Rountree Construction Co.Supreme Court of Missouri · 1907
- Stid v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1911
- Holton v. CochranSupreme Court of Missouri · 1907
- Roe v. Bank of VersaillesSupreme Court of Missouri · 1902
21 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- State v. FosterSupreme Court of Missouri · 1961
- Denney v. Spot Martin, Inc.Missouri Court of Appeals · 1959
- Plater v. W. C. Mullins Construction Co.Missouri Court of Appeals · 1929
- Estate of Main v. Main, Exec.Missouri Court of Appeals · 1941
- Bergerson v. General Insurance Co. of AmericaMissouri Court of Appeals · 1937
11 more not listed; retrieve them via the Exa API.