Guthrie v. Holmes
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. Harris Robinson, Judge. (1) The evidence in the case does, not make out a case of mere deviation. On the contrary, it conclusively shows that Hettenbaugh was using the automobile for his personal pleasure for a drunken carousal. The doctrine of deviation has never been applied to such a state of facts and under the evidence in the case, the demurrer should have been sustained.
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Appeal from Jackson Circuit Court. — Hon. Harris Robinson, Judge. (1) The evidence in the case does, not make out a case of mere deviation. On the contrary, it conclusively shows that Hettenbaugh was using the automobile for his personal pleasure for a drunken carousal. The doctrine of deviation has never been applied to such a state of facts and under the evidence in the case, the demurrer should have been sustained. Reilly v. Connable, 214 N. Y. 586; Danforth v. Fisher, 75 N. TI. Ill, 21 L. R. A. (N. S.) 93; Eakin v. Anderson, 169 Ky. 1; Steffen v. McNaughton, 142 Wis. 49; Douglass'v.…
1Opinion of the CourtGraves, C. J.
This case reaches us upon a proper certification from the Kansas City Court of Appeals, there being a dissenting judge who deemed the majority opinion in conflict with opinions of this court, and expressed of record such views in an opinion filed.
The case was twice before the Kansas City Court of Appeals. First it .was held (Whimster v. Holmes, 177 Mo. App. 130) that there were facts sufficient to take the case to the jury, but the judgment for plaintiff was reversed and cause remanded for error in an instruction. Upon a "retrial plaintiff again received a verdict at the hands of the jury,…
2Cases cited16 opinions
- Slater v. Advance Thresher Co.Supreme Court of Minnesota · 1906
- Daily v. MaxwellMissouri Court of Appeals · 1911
- Lewis v. AmorousCourt of Appeals of Georgia · 1907
- Reynolds v. BuckSupreme Court of Iowa · 1905
- Jones v. HogeWashington Supreme Court · 1907
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3Cited by73 opinions
- Hays v. HoganSupreme Court of Missouri · 1917
- Brunk v. Hamilton-Brown Shoe Co.Supreme Court of Missouri · 1933
- Downs v. HortonSupreme Court of Missouri · 1921
- Winterton v. Van ZandtSupreme Court of Missouri · 1961
- Klotsch v. P. F. Collier & Son Corp.Supreme Court of Missouri · 1942
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