Legal Opinion

Bradley v. Becker

Supreme Court of Missouri

Decided December 30, 1922PublishedCited by 18 opinions

Appeal from St. Louis City Circuit Court. — Hon. Moses Hartman, Judge, The court erred in granting a new trial on account of the refusal of Instruction C, requested by plaintiff.

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Appeal from St. Louis City Circuit Court. — Hon. Moses Hartman, Judge, The court erred in granting a new trial on account of the refusal of Instruction C, requested by plaintiff. Said instruction was properly refused for the following reasons: (a) In the petition it was alleged that the defendant Becker was guilty of negligence causing the plaintiff’s injury in the following particulars, to-wit: “that said automobile truck was operated at a high and dangerous rate of speed, to-wit: 25 miles per hour,” etc. Notwithstanding the fact that the plaintiff in her petition fixed the exact rate of…

1Opinion of the CourtJames T. Blair, J.

Respondent was injured when an automobile in which she was riding came into collision with an automobile truck owned by appellant. She sued appellant, the Mayer Undertaking Company and The Reliable Auto Livery Company. The petition alleged the two last owned and were operating the automobile in which respondent was riding when hurt. With respect to appellant the petition alleged that the collision was caused by his negligence in that (1) “the said automobile truck was operated at a high and dangerous speed, to-wit, twenty-five miles per hour, at a time and place where said defendant knew, or…

2Cases cited3 opinions

  1. State ex rel. Hartman v. ThomasSupreme Court of Missouri · 1912
  2. Davis v. Kansas City Railways Co.Missouri Court of Appeals · 1918
  3. Moore v. Metropolitian Street Railway Co.Missouri Court of Appeals · 1910

3Cited by18 opinions

  1. Nichols v. BresnahanSupreme Court of Missouri · 1948
  2. Lee v. Baltimore Hotel Co.Supreme Court of Missouri · 1939
  3. Manthey v. Kellerman Contracting Co.Supreme Court of Missouri · 1925
  4. McClelland v. MoungerCourt of Appeals of Texas · 1937
  5. Cammann v. EdwardsSupreme Court of Missouri · 1936

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