Cabanne v. St. Louis Car Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Ron. J. Rugo Muench, Judge. (1) The amended petition does not state a cause of action because it fails to charge that the defendant had actual or constructive notice of the defective condition of the automobile which is alleged to have caused injury to plaintiff. This is a fatal omission. It is always necessary for the servant to allege and prove notice, either actual of constructive, to the master.
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Appeal from St. Louis City Circuit Court. — Ron. J. Rugo Muench, Judge. (1) The amended petition does not state a cause of action because it fails to charge that the defendant had actual or constructive notice of the defective condition of the automobile which is alleged to have caused injury to plaintiff. This is a fatal omission. It is always necessary for the servant to allege and prove notice, either actual of constructive, to the master. Miller v. La Prelie Shoe Co., 109 Mo. App. 506; Current v. Railway Co., 86 Mo. 62. (2) This point may be properly raised for the first time on appeal.…
1Opinion of the CourtNortoni, J.
This is a suit for damages accrued to pláintiff through the negligence of defendant. Plaintiff recovered and defendant prosecutes the appeal.
Defendant manufactures and sells automobiles, and plaintiff was in its employ as a demonstrator and salesman of its automobiles at the time of his injury. It appears plaintiff was demonstrating an automobile to a prospective purchaser when the steering gear of the machine separated and caused it to collide with a tree in Forest Park with such force as to demolish the automobile and throw plaintiff upon the earth so as to fracture his skull at the base of…
2Cases cited10 opinions
- Bowen v. Chicago, Burlington & Kansas City Railway Co.Supreme Court of Missouri · 1888
- Kelley v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1881
- Young v. Shickle, Harrison & Howard Iron Co.Supreme Court of Missouri · 1890
- Bluedorn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
- Schmidt v. St. Louis Transit Co.Missouri Court of Appeals · 1909
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3Cited by3 opinions
- Casualty Reciprocal Exchange v. SutfinSupreme Court of Oklahoma · 1945
- Pendegrass v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1913
- Kantonen v. Braley Motor Co.Washington Supreme Court · 1934