Greenwell v. A. v. Wills & Sons
Missouri Court of Appeals
Appeal from the Pemiscot County Circuit Court. — Hon. Sterling H. McCarty, Judge. (1) “Where specific acts of negligence are pleaded it devolves upon plaintiff to prove the acts of negligence pleaded; and if plaintiffs recover at all, it must be upon the specific acts of negligence pleaded, and not otherwise.” Orcutt v. Century Bldg., 201 Mo. 443; Price v. Railway Co., 72 Mo. 414; Bunyon v. Railway Co., 177 Mo. 19; Hamilton v. Railway Co., 114 Mo.
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Appeal from the Pemiscot County Circuit Court. — Hon. Sterling H. McCarty, Judge. (1) “Where specific acts of negligence are pleaded it devolves upon plaintiff to prove the acts of negligence pleaded; and if plaintiffs recover at all, it must be upon the specific acts of negligence pleaded, and not otherwise.” Orcutt v. Century Bldg., 201 Mo. 443; Price v. Railway Co., 72 Mo. 414; Bunyon v. Railway Co., 177 Mo. 19; Hamilton v. Railway Co., 114 Mo. App. 508; McGrath v. Railway Co., 197 Mo. 105; West v. Holliday, 195 S. W. (Mo. App.) 403; Winkleblack v. Mfg. Co., 187 S. W. (Mo. App.) 95; Reid…
1Opinion of the CourtBradley, J.
T. J. and Chas. A. G-reenwell sued to recover damages to their crops alleged to have been caused by water negligently held on their lands. The cause was tried to a jury and resulted in a judgment for plaintiffs in the sum of $710, from which judgment defendants appealed.
Plaintiffs allege two grounds of negligence: (1) Negligence in and about constructing a dam across the ditch; and (2) in so negligently operating the boat that it sank, and the dams necessary to raise it caused or contributed to the damage. Plaintiffs state these grounds in their petition substantially as follows: (1) That…
2Cases cited18 opinions
- Perkins v. BlauthCalifornia Supreme Court · 1912
- Bradbury v. Vandalia Levee & Drainage DistrictIllinois Supreme Court · 1908
- Mound City Land & Stock Co. v. MillerSupreme Court of Missouri · 1902
- Morrison v. MoreySupreme Court of Missouri · 1898
- Squaw Creek Drainage District v. TurneySupreme Court of Missouri · 1911
13 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- State Ex Rel. Hausgen v. AllenSupreme Court of Missouri · 1923
- City of Hardin v. Norborne Land Drainage DistrictSupreme Court of Missouri · 1950
- Sigler v. Inter-River Drainage DistrictSupreme Court of Missouri · 1925
- D'Arcourt v. Little River Drainage DistrictMissouri Court of Appeals · 1922
- Southwestern Bell Telephone Co. v. Drainage District No. 8Missouri Court of Appeals · 1923
3 more not listed; retrieve them via the Exa API.