Legal Opinion

Anderson v. White

Missouri Court of Appeals

Decided December 5, 1921PublishedCited by 1 opinion

Appeal from the Circuit Court of Webster County. — Hon. G. H. Skinker, Judge. The court erred in refusing to instruct the jury at the close of all the evidence to return a verdict for the defendant, on motion o'f the defendant, for the reason that the evidence was not sufficient to sustain a verdict on the pleadings and that under the uncontradicted evidence the defendant was not guilty of negligence as alleged in plaintiff’s petition: Schmidt v. Oil Co., 221 S. W. 389;…

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Appeal from the Circuit Court of Webster County. — Hon. G. H. Skinker, Judge. The court erred in refusing to instruct the jury at the close of all the evidence to return a verdict for the defendant, on motion o'f the defendant, for the reason that the evidence was not sufficient to sustain a verdict on the pleadings and that under the uncontradicted evidence the defendant was not guilty of negligence as alleged in plaintiff’s petition: Schmidt v. Oil Co., 221 S. W. 389; Nevinger v. Haun, 196 S. W. 39; Spain v. Burch, 169 Mo. App. 94; Coffey v. Howard, 192 Mo. App. 455; Kazee v. City, 217 S.…

1Opinion of the CourtBradley, J.

Plaintiff sued to recover damages for alleged negligence on the part of defendant, a physician, in treating plaintiff’s eye, injured by a sliver from an axe. Plaintiff recovered in the trial court, and defendant’s motion for a new trial being overruled he appealed.

It is alleged that plaintiff engaged defendant to examine and treat his eye, which had been injured by being accidentally struck on the ball by a piece of steel, and that defendant negligently, carelessly andunskillfully conducted himself in and about the examination and treatment of said eye by attempting to locate and remove said…

2Cases cited5 opinions

  1. State v. BerkleySupreme Court of Missouri · 1887
  2. State v. UnderwoodSupreme Court of Missouri · 1881
  3. Elsner v. Supreme Lodge, Knights & Ladies of HonorSupreme Court of Missouri · 1889
  4. Freeman v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1902
  5. Ely & Walker Dry Goods Co. v. McLaughlin, Dyer & Co.Missouri Court of Appeals · 1899

3Cited by1 opinion

  1. Shepard v. Century Electric Co.Missouri Court of Appeals · 1927

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