Burnham v. Williams
Missouri Court of Appeals
Appeal from Butler Circuit Court. — How. J. P. Foard, Judge. (1) The doctrine of comparative negligence does not obtain in Missouri. Hogan v. Citizens Ry. Co., 150 Mo. 36; Moore v. Lindell Ry. Co., 176 Mo. 528; Keele v. Railway Co., 258 Mo. 62. (2) Accordingly, from one negligent act only one right of action arises based upon the negligence. Coy v. Railroad, 186 Mo. App. 408 (and cases there cited); Stickford v. St. Louis, 7 Mo.
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Appeal from Butler Circuit Court. — How. J. P. Foard, Judge. (1) The doctrine of comparative negligence does not obtain in Missouri. Hogan v. Citizens Ry. Co., 150 Mo. 36; Moore v. Lindell Ry. Co., 176 Mo. 528; Keele v. Railway Co., 258 Mo. 62. (2) Accordingly, from one negligent act only one right of action arises based upon the negligence. Coy v. Railroad, 186 Mo. App. 408 (and cases there cited); Stickford v. St. Louis, 7 Mo. App. 217, affirmed in 75 Mo. 309; lyheeler Svgs. Bank v. Tracey, 141 Mo. 252; Morgan v. Railroad, 111 Mo. App. 721; Seiglider v. Railroad Co., 38 Mo. App. 511; Kel-.…
1Opinion of the CourtFarrington, J.
Plaintiff recovered a judgment in the circuit court and defendants have appealed.. Plaintiff filed his suit in a justice’s court in Butler county basing his cause of action on an alleged negligent act of one Paul D. Quinn where a judgment in plaintiff’s favor was rendered for $56. Defendants appealed to the circuit court and on trial de novó plaintiff recovered the judgment of $100 appealed from.
The charge of negligence in the petition is that while plaintiff was driving his automobile north along main street in the city of Poplar Bluff, and when about thirty feet north of Poplar street,…
2Cited by16 opinions
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- Foremost Dairies Inc. v. Campbell Coal Co.Court of Appeals of Georgia · 1938
- Keller v. KeklikianSupreme Court of Missouri · 1951
- Fikes v. JohnsonSupreme Court of Arkansas · 1952
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