Dunn v. Nicholson
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Eon. Howard Gray, Judge. (1) Plaintiff’s petition fails to state facts sufficient to constitute a cause of action. Knight v. Sadtler L. & Z. Co., 91 Mo. App. 574; Bohn v. Railway, 106 Mo. 429; Steinhauser v. Spraul, 127 Mo. 562; Waldhier v. Railroad, 71 Mo. 514; Jacquin v. Cable Co., 57 Mo. 340; Krampe v. Brewing Association,. 59 M'o. App. 277. (2) ■ The plaintiff must prove, beyond conjecture, what was the proximate cause of the accident.
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Appeal from Jasper Circuit Court. — Eon. Howard Gray, Judge. (1) Plaintiff’s petition fails to state facts sufficient to constitute a cause of action. Knight v. Sadtler L. & Z. Co., 91 Mo. App. 574; Bohn v. Railway, 106 Mo. 429; Steinhauser v. Spraul, 127 Mo. 562; Waldhier v. Railroad, 71 Mo. 514; Jacquin v. Cable Co., 57 Mo. 340; Krampe v. Brewing Association,. 59 M'o. App. 277. (2) ■ The plaintiff must prove, beyond conjecture, what was the proximate cause of the accident. Pelfka v. Knapp, 145 Mo. 316; Fuchs v. St. Louis, 167 Mo. 635; Breen v. Cooperage Company, 50 Mo. App. 213; Hicks v.…
1Opinion of the CourtJohnson, J.
This case was here on a former appeal taken by defendant and was. reversed and remanded on account of errors in the intructions given. [Dunn v. Nicholson, 117 Mo. App. 374.] On retrial, plaintiff again was successful, and defendant again appealed. The evidence before us is substantially the same as that before considered. Most of the questions presented by defendant relate to his contention that an instruction in the nature of a demurrer to the evidence should have been given. In our former opinion, we held that a similar instruction was properly refused. This, in effect, was a direct ruling…
2Cases cited3 opinions
- Leicher v. KeeneyMissouri Court of Appeals · 1905
- Dunn v. NicholsonMissouri Court of Appeals · 1906
- McGrew v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1906
3Cited by2 opinions
- Roth v. City of St. JosephMissouri Court of Appeals · 1914
- Boonville Special Road District v. FuserMissouri Court of Appeals · 1914