Hennekes v. Beetz
Missouri Court of Appeals
Appeal from the Circuit Court of the City of St. Louis. —Hon. Glendy B. Arnold, Judge. (1) This is a case where the doctrine of res ipsa loquitur applies. Clark v. C. & A. Ry. Co., 127 Mo. 209; Lemon v. Chanslor, 68 Mo. 354; O’Gara v. Transit Co., 204 Mo. 733; Goodloe v. Metropolitan St. Ry. Co., 120 Mo.
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Appeal from the Circuit Court of the City of St. Louis. —Hon. Glendy B. Arnold, Judge. (1) This is a case where the doctrine of res ipsa loquitur applies. Clark v. C. & A. Ry. Co., 127 Mo. 209; Lemon v. Chanslor, 68 Mo. 354; O’Gara v. Transit Co., 204 Mo. 733; Goodloe v. Metropolitan St. Ry. Co., 120 Mo. App. 198. (2) Plaintiff made out a prima-facie case, which in the absence of explanation entitled her to a verdict, and the burden was upon defendant to show to the satisfaction of the jury that the injury was not caused by his negligence. Clark v. C. & A. Ry. Co., 127 Mo. 209; Lemon v.…
1Opinion of the CourtReynolds, P. J.
The amended petition upon which this case was tried charges that on September 6, 1916, plaintiff was riding in an automobile owned and driven by the defendant, Henry Beetz-; that while driving northwardly on Broadway, in the city of St. Louis, “the defendant so carelessly and negligently drove said machine that it turned completely around and smashed violently against the side of the street, throwing plaintiff bodily out of the machine.” Charging that she was seriously injured and permanently incapacitated, was put to great expense for medical attendance, medicines and nursing, stating the…
2Cases cited6 opinions
- McManamee v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1896
- Loftus v. PelletierMassachusetts Supreme Judicial Court · 1916
- Pointer v. Mountain Railway Construction Co.Supreme Court of Missouri · 1916
- Bartley v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1899
- Philpot v. Fifth Ave. Coach Co.Appellate Division of the Supreme Court of the State of New York · 1911
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3Cited by5 opinions
- Rodríguez Cruz v. White Star Bus Line, Inc.Supreme Court of Puerto Rico · 1939
- Kean v. Smith-Reis Piano Co.Missouri Court of Appeals · 1921
- Glenny v. WrightOhio Court of Appeals · 1936
- Jones v. St. Louis-San Francisco Railway Co.Missouri Court of Appeals · 1928
- Rodríguez Cruz v. White Star Bus Line, Inc.Supreme Court of Puerto Rico · 1939