Conley Ex Rel. Conley v. Lafayette Motor Car Co.
Missouri Court of Appeals
Writ of Error to Circuit Court of the City of St. Louis.— Eon. George E. Shields, Judge. (1) Where a condition, under the evidence, may be due to either of two existing causes, accident or disease, for one only of which the defendant is liable, mere proof by the plaintiff that the one for which the defendant is liable is a possible cause is not sufficient, and before the plaintiff is entitled to have his cause submitted to the jury it is necessary that he go further and show…
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Writ of Error to Circuit Court of the City of St. Louis.— Eon. George E. Shields, Judge. (1) Where a condition, under the evidence, may be due to either of two existing causes, accident or disease, for one only of which the defendant is liable, mere proof by the plaintiff that the one for which the defendant is liable is a possible cause is not sufficient, and before the plaintiff is entitled to have his cause submitted to the jury it is necessary that he go further and show with reasonable certainty that the cause for which the defendant is liable produced the condition. This the plaintiff…
1Opinion of the Court
OPINION.
BECKER, J.
(after stating the facts as above). — The main point relied upon by plaintiff in error is that there was no evidence of the plaintiff having been injured in the collision and that therefore the court erred in overruling defendant’s demurrers offered at the close of plaintiff’s case and again at the close of the whole case. Counsels’ argument in support of this contention is that according to all the evidence plaintiff’s arthritis was due to a germ condition and that this condition could be the result of disease; further that since germs could not be introduced into the…
2Cases cited10 opinions
- Mockowik v. Kansas CitySupreme Court of Missouri · 1906
- MacDonald v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1909
- State ex rel. West v. DiemerSupreme Court of Missouri · 1914
- Phelan v. Granite Bituminous Paving Co.Supreme Court of Missouri · 1910
- Murphy v. WilsonSupreme Court of Missouri · 1869
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3Cited by2 opinions
- Thompson v. Bi-State Transit System, Inc.Missouri Court of Appeals · 1970
- Williams v. CreightonCourt of Appeals of Texas · 1936