Press v. Penny
Supreme Court of Missouri
Appeal from the St. Louis City Circuit Court. — Eon. C. G. Allen, Judge. (1) The finding and judgment should have been for defendants. 1st. Because there was no negligence on the part of any one proven in this case which caused, or contributed to cause, the plaintiff to be injured. The undisputed facts show that the injury to plaintiff was the result of an unforeseen accident, for which nobody was liable. 2d.
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Appeal from the St. Louis City Circuit Court. — Eon. C. G. Allen, Judge. (1) The finding and judgment should have been for defendants. 1st. Because there was no negligence on the part of any one proven in this case which caused, or contributed to cause, the plaintiff to be injured. The undisputed facts show that the injury to plaintiff was the result of an unforeseen accident, for which nobody was liable. 2d. The defendants are not liable in this case for the acts of Rule, even if the court should find that Rule’s negligence injured the plaintiff. Rule was employed by an independent…
1Opinion of the Court
BROWN, C.
This cause is certified to this court from the St. Louis Court of Appeals because one of the judges of that court sitting therein deems its decision contrary to the decision of this court in the case of Loth v. Columbia Theatre Co., 197 Mo. 328. The opinion of the St. Louis Court of Appeals as well as the dissenting opinion of Norioni, J., is found in volume 134 of the Missouri Appeal Reports at page 121 and following. The judgment at the trial was for the plaintiff. It was reversed by the decision of the Court of Appeals.
The action is for damages suffered by plaintiff on account of…
2Cases cited12 opinions
- Wiggin v. St. LouisSupreme Court of Missouri · 1896
- Benjamin v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1896
- Lackland v. North Missouri RailroadSupreme Court of Missouri · 1860
- City of Richmond v. SitterdingSupreme Court of Virginia · 1903
- Crenshaw v. UllmanSupreme Court of Missouri · 1893
7 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- State Ex Rel. State Highway Commission v. MeierSupreme Court of Missouri · 1965
- Vale v. BonnettCourt of Appeals for the D.C. Circuit · 1951
- Mallory v. Louisiana Pure Ice & Supply Co.Supreme Court of Missouri · 1928
- Stubblefield v. Federal Reserve Bank of St. LouisSupreme Court of Missouri · 1947
- Amann v. City of TacomaWashington Supreme Court · 1932
13 more not listed; retrieve them via the Exa API.