Freeman v. Foreman
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Hon. David E. Blair, Judge. (1) This action, being based upon negligence, it was incumbent upon plaintiffs, in order to bold defendants to prove tbe negligence, and that tbe negligence caused tbe injury. Breen v. Cooperage Co., .50 Mo. App. 212; Slepp v. Railroad, 85 Mo. 229; 6 Tbomp.
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Appeal from Jasper Circuit Court. — Hon. David E. Blair, Judge. (1) This action, being based upon negligence, it was incumbent upon plaintiffs, in order to bold defendants to prove tbe negligence, and that tbe negligence caused tbe injury. Breen v. Cooperage Co., .50 Mo. App. 212; Slepp v. Railroad, 85 Mo. 229; 6 Tbomp. Neg. 657. (2) A livery keeper is not an insurer of tbe borses entrusted to bim, and is only bound to use ordinary care witb respect to them, and is only liable for loss occurring through bis negligence. Crawford v. Cashman, 82 Mo. App. 554; McCarty v. Wolfe, 40 Mo. 520. While…
1Opinion of the CourtCox, J.
As to the refusal of the court to sustain a demurrer to the testimony it will be sufficient to say *362without setting out the testimony in full that there was testimony tending to show that the animal was injured while in the care of defendants, and also some testimony tending to show negligence upon their part. There Avas also evidence tending to contradict the testimony as to negligence and to shoAV that defendants exercised proper care in the keeping of the animal. This being-true, we will not disturb the finding of the lower court upon that question.
As to the assignment of error in the…
2Cases cited6 opinions
- Price v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1909
- Wiser v. ChesleySupreme Court of Missouri · 1873
- Berger v. St. Louis Storage & Commission Co.Missouri Court of Appeals · 1909
- McCarthy v. WolfeSupreme Court of Missouri · 1867
- Clark v. ShrimskiMissouri Court of Appeals · 1898
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- Broadview Leasing Co. v. Cape Central Airways, Inc.Missouri Court of Appeals · 1976
- Horigan Realty Co. v. First National BankMissouri Court of Appeals · 1925
- Nuell v. Forty-North CorporationMissouri Court of Appeals · 1962
- Curtis v. FickenIdaho Supreme Court · 1932
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