Miller v. Harpster
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — Eon. Charles E. Mayer, Judge. (1) The court erred in submitting this case to the jury upon the question whether the appellant committed the acts complained of willfully and maliciously. There is no evidence that the appellant willfully ran over the respondent. There is no evidence of malice.
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Appeal from Buchanan Circuit Court. — Eon. Charles E. Mayer, Judge. (1) The court erred in submitting this case to the jury upon the question whether the appellant committed the acts complained of willfully and maliciously. There is no evidence that the appellant willfully ran over the respondent. There is no evidence of malice. This case is bottomed on express malice.- And before a,recovery can be had there must be some proof of actual malice, or such recklessness or carelessness on the part of. the appellant, as is equivalent to an actual intent to injure the respondent. Minter v.…
1Opinion of the Court
BROWN, C.
This is a suit for personal injuries received by respondent from being struck by an automobile on the public highway. The amended petition upon which the cause was tried states the time and circumstances of the occurrence as follows:
“Comes now the plaintiff in the above entitled cause and for her second amended petition and cause of action states that on the evening of August 1, 1914, about eight o’clock p. m., she was walking along what is commonly known as the Rochester Road in Buchanan County, Missouri, said road being then and there a public highway and throughfare in said county…
2Cases cited3 opinions
- Christal v. CraigSupreme Court of Missouri · 1883
- Schmitz v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1893
- Rosenkranz v. Lindell Railway Co.Supreme Court of Missouri · 1891
3Cited by13 opinions
- Sharp v. RobbersonSupreme Court of Missouri · 1973
- Cosentino v. HeffelfingerSupreme Court of Missouri · 1950
- Evett v. CorbinSupreme Court of Missouri · 1957
- Huckleberry v. Missouri Pacific RailroadSupreme Court of Missouri · 1930
- Hurst v. Chicago, Burlington & Quincy RailroadSupreme Court of Missouri · 1920
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