Foster v. Swope
Missouri Court of Appeals
Appeal from the Holt Circuit Court. — Hon. Cxrtjs A. Anthony, Judge. . (1) The court erred in refusing to give defendant’s instruction in the nature of a demurrer to plaintiff’s evidence for the reason that the plaintiff’s testimony clearly established the fact that he was guilty of culpable and gross carelessness, which was the direct cause of the injury, and further that he acknowledged the same at the time of the accident. Boland v. Kansas City, 32 Mo.
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Appeal from the Holt Circuit Court. — Hon. Cxrtjs A. Anthony, Judge. . (1) The court erred in refusing to give defendant’s instruction in the nature of a demurrer to plaintiff’s evidence for the reason that the plaintiff’s testimony clearly established the fact that he was guilty of culpable and gross carelessness, which was the direct cause of the injury, and further that he acknowledged the same at the time of the accident. Boland v. Kansas City, 32 Mo. App. 8; O’ Donald v. Railroad, 7 Mo. App. 190; 86 Mo. 104, and authorities cited. (2) Even if it be conceded that the fence was constructed…
1Opinion of the CourtEllison, J.
This action is for damages caused by the killing of a mule which happened, according to plaintiff’s evidence as a witness in his own behalf, in the following way: “I am plaintiff. Live near Fortescue, this county. Know George Swope, and where *142his farm is. Public road running along his farm east and west, on north side by Walnut Grove schoolhouse. .Had been to Doctor Minton’s threshing. Started home — took harness off my mules, put halter on one, tied it upon his neck and turned him loose — got on other mule and rode. Dell Newland and Thomas Bush was with me. The mule followed along after us.…
2Cases cited11 opinions
- Beck v. . CarterNew York Court of Appeals · 1877
- Buesching v. St. Louis Gaslight Co.Supreme Court of Missouri · 1880
- Smith v. City of St. JosephSupreme Court of Missouri · 1870
- Sisk v. CrumpIndiana Supreme Court · 1887
- Hughes v. Hannibal & St. Jo. R. R.Supreme Court of Missouri · 1877
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3Cited by9 opinions
- Wheat v. City of St. LouisSupreme Court of Missouri · 1904
- Gallagher v. City of TiptonMissouri Court of Appeals · 1908
- Central of Georgia Railway Co. v. MartinSupreme Court of Alabama · 1903
- Loftis v. Kansas CityMissouri Court of Appeals · 1911
- Tockstein v. BimmerleMissouri Court of Appeals · 1910
4 more not listed; retrieve them via the Exa API.