Munger v. City of Sedalia
Missouri Court of Appeals
Appeal from the Pettis Circuit Court. — Hon. Richard Field, Judge. (1) It was error to strike out the part of the answer and also to give the sixth instruction for plaintiff and refuse the sixth for defendant, thereby holding that under the circumstances the negligence of the husband was not imputable to the plaintiff — wife.
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Appeal from the Pettis Circuit Court. — Hon. Richard Field, Judge. (1) It was error to strike out the part of the answer and also to give the sixth instruction for plaintiff and refuse the sixth for defendant, thereby holding that under the circumstances the negligence of the husband was not imputable to the plaintiff — wife. Beach on Contributory Negligence 12 Ed.], sec. 109, ¿nd note; Hicks v.) Railroad,. 124 Mo. 115; Yohn v. Ottumwa, 60 Iowa, 429; Carlisle v. Town of Sheldon, 38 Yt. 440 or ■444 ;i Beck v. Railroad, 50 Conn. 379, 392; Huntoon. cmd Wife v. Trumbull, 12 Fed. Rep. 844, U. S.…
1Opinion of the CourtEllison, J.
This is an action for damages, in which plaintiff recovered in the trial court.
The petition charged that while plaintiff was riding in a buggy driven by her husband, along one of defendant’s streets, in the nighttime, the buggy was overturned by being driven upon a pile of sand which the defendant city had negligently permitted to be in the street; that in consequence of such overturning of the buggy the plaintiff was seriously and permanently injured.
The answer pleaded contributory negligence, by alleging that plaintiff was injured through the negligence of herself and her husband, with whom…
2Cases cited6 opinions
- Little v. HackettSupreme Court of the United States · 1886
- Louisville, New Albany & Chicago Railway Co. v. CreekIndiana Supreme Court · 1892
- Town of Knightstown v. MusgroveIndiana Supreme Court · 1888
- Becke v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
- City of Michigan City v. BoecklingIndiana Supreme Court · 1890
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Sluder v. St. Louis Transit Co.Supreme Court of Missouri · 1905
- Herrell v. St. Louis-San Francisco Railway Co.Supreme Court of Missouri · 1929
- Fisher v. EllstonSupreme Court of Iowa · 1916
- Moon v. St. Louis Transit Co.Supreme Court of Missouri · 1911
- Johnson v. Springfield Traction Co.Missouri Court of Appeals · 1913
7 more not listed; retrieve them via the Exa API.