O'Neill v. Blase
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Wm. Zachritz, Judge. (1) An action for damages growing out of the keeping of an animal after knowledge of its yiciousness, is distinct from one based upon negligence in the manner of keeping. Cox v. Murphy, 82 Ga. 627. (2) When two causes of action are blended in one count, the remedy is by motion to elect.
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Appeal from St. Louis City Circuit Court. — Hon. Wm. Zachritz, Judge. (1) An action for damages growing out of the keeping of an animal after knowledge of its yiciousness, is distinct from one based upon negligence in the manner of keeping. Cox v. Murphy, 82 Ga. 627. (2) When two causes of action are blended in one count, the remedy is by motion to elect. Otis v. Bank, 35 Mo. 128; State ex rel. v. Tittmann, 103 Mo. 553; Mooney v. Kennett, 19 Mo. 554; Okristal v. Craig, -80-Mo. 371. And such motion may be made at any time before the case is submitted to the jury. Southworth Co. v. Lamb, 82 Mo.…
1Opinion of the CourtBarclay, J.
This action is for personal injuries caused by an attack upon the plaintiff by a cow.
Plaintiff’s evidence tended to show that the defendant, Mr. Blase, was engaged in business as a butcher on- North Broadway in St. Louis. His two sons, Herman and William, Jr., had the general management of his business. In May, 1900, Herman Blase bought eight cows of Mr. Gerhart (one of the defendants). The cow in question was one of the lot. Gerhart was a dairyman, who lived in the north part of the city, some blocks distant from the place of business of defendant, Mr. Blase. ■ Herman Blase saw the cows…
2Cases cited30 opinions
- Muller v. . McKessonNew York Court of Appeals · 1878
- Stephens v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1888
- Paddock v. SomesSupreme Court of Missouri · 1890
- Russell v. Inhabitants of ColumbiaSupreme Court of Missouri · 1881
- Feary v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1901
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3Cited by21 opinions
- Clinkenbeard v. ReinertSupreme Court of Missouri · 1920
- Steger v. BarrettCourt of Appeals of Texas · 1909
- Baker v. Scott County Milling Co.Supreme Court of Missouri · 1929
- McElvain v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1910
- Boosman v. MoudyMissouri Court of Appeals · 1972
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