Carr v. St. Louis Auto Supply Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Eon. Karl Kimmel, Judge. (1) If the concurrent or successive negligence of two persons, combined together, result in an injury to a third person, he may recover damages of either or both, and neither can interpose the defense that the prior or concurrent negligence of the other contributed to the injury.
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Appeal from St. Louis City Circuit Court. — Eon. Karl Kimmel, Judge. (1) If the concurrent or successive negligence of two persons, combined together, result in an injury to a third person, he may recover damages of either or both, and neither can interpose the defense that the prior or concurrent negligence of the other contributed to the injury. Newcomb v. Railroad, 169 Mo. 409; Bassett v. St. Joseph, 53 Mo. 290; Brennan v. St. Louis, 92 Mo. 482; Vogelsang v. St. Louis, 139 Mo. 131. (2) A defendant may be liable even if the injury was not caused by his sole negligence. He is liable if his…
1Opinion of the Court
This is a suit for personal injury alleged to have been suffered by plaintiff by the act of defendant in so wrongfully and negligently manipulating a motor truck of defendant, being controlled, managed and driven by its servant or agent on Grand Avenue, in the city of St. Louis, as to cause an automobile, in which the plaintiff was riding as a gratuitous passenger or guest, to be turned aside and overturned, thereby causing plaintiff to be thrown out of said vehicle and seriously injured, to his damage in the sum of $10,000.
The petition alleged that the defective condition of the street at…
2Cases cited7 opinions
- Bassett v. City of St. JosephSupreme Court of Missouri · 1873
- Harrison v. Kansas City Electric Light Co.Supreme Court of Missouri · 1906
- Brennan v. City of St. LouisSupreme Court of Missouri · 1887
- Newcomb v. New York Central & Hudson River RailroadSupreme Court of Missouri · 1902
- Straub v. City of St. LouisSupreme Court of Missouri · 1903
2 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Berry v. Emery, Bird, Thayer Dry Goods Co.Supreme Court of Missouri · 1948
- Berry v. Kansas City Public Service Co.Supreme Court of Missouri · 1938
- Richardson v. Volkswagenwerk, A.G.District Court, W.D. Missouri · 1982
- Fawkes v. National Refining Co.Supreme Court of Missouri · 1937
- Marinkovich v. TierneyMontana Supreme Court · 1932
17 more not listed; retrieve them via the Exa API.