Trout v. Watkins Livery & Undertaking Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Eon. Geo. E. 'Williams, Judge. (1) The cause of action was properly pleaded, it being in tort and arising from a breach of a contractual obligation.
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Appeal from St. Louis City Circuit Court. — Eon. Geo. E. 'Williams, Judge. (1) The cause of action was properly pleaded, it being in tort and arising from a breach of a contractual obligation. Everett v. Railroad, 214 Mo. 54; O’Brien v. Transit Company, 212 Mo. 59. (2) Without the contractual relation existing between the parties, the critical condition of the appellant’s health, of itself, imposed an obligation on respondent commensurate with the dangers to which she was exposed. Depue v. Flateau (Minn.), Ill N. W. 1; Ploof v. Putnam (Vt.), 71 Atl. 189. (3) Although a livery stable keeper is…
1Opinion of the CourtNortoni, J.
This is an action for damages alleged to have accrued through a breach of a contract of carriage. At the conclusion of the evidence for plaintiff the court instructed a verdict for defendant and plaintiff prosecutes the appeal.
For the information of those who may care to examine it, we set forth the petition, which, omitting caption, is as follows:
“Plaintiff for her cause of action against defendant, states:
“That defendant is now and was at all times hereinafter mentioned, a corporation, duly organized and existing under the laws of the State of Missouri and engaged in the livery business and…
2Cases cited25 opinions
- Rich v. New York Central & Hudson River RailroadNew York Court of Appeals · 1882
- Depue v. FlatauSupreme Court of Minnesota · 1907
- Dyke v. Erie Railway Co.New York Court of Appeals · 1871
- Phillips v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1908
- Lemon v. ChanslorSupreme Court of Missouri · 1878
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3Cited by10 opinions
- Atkins v. McPhetridgeMissouri Court of Appeals · 2006
- Williams v. Kansas City Public Service CompanySupreme Court of Missouri · 1956
- Hilderbrand v. AndersonMissouri Court of Appeals · 1954
- King v. Insurance Company of North AmericaSupreme Court of North Carolina · 1968
- Gerretson v. Rambler Garage Co.Wisconsin Supreme Court · 1912
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