Hill v. Scott
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. —Hon. Leroy B. Valliant, Judge. The petition filed stated no cause of action, in that it failed to allege any negligent act or omission of defendant, contributing to the injury complained of. Lionberger v. Pohlman, 16 Mo. App. 392; Taylor v. Fox, 16 Mo. App. 527; Gurley ¶. Railroad, 93 Mo. 445. The admissions of defendant, and the evidence, fail to show any negligence on the part of defendant, or any one in his employ.
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Appeal from the St. Louis City Circuit Court. —Hon. Leroy B. Valliant, Judge. The petition filed stated no cause of action, in that it failed to allege any negligent act or omission of defendant, contributing to the injury complained of. Lionberger v. Pohlman, 16 Mo. App. 392; Taylor v. Fox, 16 Mo. App. 527; Gurley ¶. Railroad, 93 Mo. 445. The admissions of defendant, and the evidence, fail to show any negligence on the part of defendant, or any one in his employ. Pleasant v: Fant, 22 Wall. 116; Gurley v. Railroad, 93 Mo. 445; Shear. & Redf. Neg. [4 Ed.] secs. 15, 634. The instructions asked…
1Opinion of the CourtThompson, J.
This action was commenced before a justice of the peace, upon a statement that, on the eighteenth of February, 1886, the plaintiff was lawfully and carefully driving southward upon the west side of Jefferson avenue, a public street in the city of St. Louis, between Lafayette and Geyer avenues, when the defendant’s horse, which was negligently running at large upon said street, without any one to control or guide it, ran into and collided with the plaintiff’s horse and buggy, throwing the plaintiff and his wife to the ground, and injuring the plaintiff ’s horse, buggy and harness to the extent…
2Cases cited5 opinions
- Dougherty v. Missouri Pacific RailroadMissouri Court of Appeals · 1881
- Chappell v. AllenSupreme Court of Missouri · 1866
- Hunt v. Missouri RailroadMissouri Court of Appeals · 1883
- Lionberger v. PohlmanMissouri Court of Appeals · 1885
- Clarke v. KitchenSupreme Court of Missouri · 1873
3Cited by12 opinions
- Hart v. Washington Park ClubIllinois Supreme Court · 1895
- Miller v. United Railways Co.Missouri Court of Appeals · 1911
- Berger v. St. Louis Storage & Commission Co.Missouri Court of Appeals · 1909
- Hamilton v. Kansas City Southern Railway Co.Missouri Court of Appeals · 1907
- Lins v. Boeckeler Lumber Co.Missouri Court of Appeals · 1927
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