Legal Opinion

Squires v. City of Chillicothe

Supreme Court of Missouri

Decided April 15, 1886PublishedCited by 22 opinions

Appeal from Carroll Circuit Court. — Hon. James M. Davis, Judge. (1) The Carroll court had no jurisdiction. The petition for change of venue was not sworn to by the plaintiff, in whose favor the change was granted. Lenin n. Dille, 17 Mo. 84 ; Huthsing n. Maus, 36 Mo. 101; NorneTl n. Porter, 62 Mo. 312; Ewing n. BrooJcs, 69 Mo. 49 ; Fields n.

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Appeal from Carroll Circuit Court. — Hon. James M. Davis, Judge. (1) The Carroll court had no jurisdiction. The petition for change of venue was not sworn to by the plaintiff, in whose favor the change was granted. Lenin n. Dille, 17 Mo. 84 ; Huthsing n. Maus, 36 Mo. 101; NorneTl n. Porter, 62 Mo. 312; Ewing n. BrooJcs, 69 Mo. 49 ; Fields n. Malony, 78 Mo. 175. (2) Doctors McLeod and Marshall, as the personal physicians of the plaintiff, were incompetent to testify as .to matters learned from a personal examination of plaintiff after the relation of. patient and physician was once…

1Opinion of the Court

Henry, 0. J.

This is an action against defendant for damages for an injury to plaintiff, alleged to have been occasioned by the neglect of defendant to keep its-side walks in good repair, and in a secure and safe condition for the traveling public. Plaintiff states that she-was walking upon the sidewalk and without her fault, in consequence of defects in said sidewalk, was thrown to the ground and seriously injured. The answer denied the-material averments of the petition, and alleged that plaintiff ’ s own carelessness and negligence were the occasion of her fall and injury. Plaintiff had a…

2Cases cited6 opinions

  1. Russell v. Inhabitants of ColumbiaSupreme Court of Missouri · 1881
  2. Groll v. TowerSupreme Court of Missouri · 1884
  3. Gartside v. Connecticut Mutual Life InsuranceSupreme Court of Missouri · 1882
  4. State v. KnightSupreme Court of Missouri · 1875
  5. Potter v. Adams' ExecutorsSupreme Court of Missouri · 1857

1 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. Smart v. Kansas CitySupreme Court of Missouri · 1907
  2. Raming v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1900
  3. St. Louis, Oak Hill & Carondelet Railway Co. v. FowlerSupreme Court of Missouri · 1893
  4. Cole v. ColeMissouri Court of Appeals · 1901
  5. State ex rel. Herriford v. McKeeSupreme Court of Missouri · 1899

17 more not listed; retrieve them via the Exa API.

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