Wallower v. City of Webb City
Missouri Court of Appeals
Appeal from Jasper Circuit Court, Division Number One. — Hon, Joseph D. Perkins, Judge. (1) If contributory negligence appears from plaintiff’s own testimony, defendants may take advantage of it, regardless of whether they pleaded it. Kile v. Light & Power Co., 149 Mo. App. 359; Cane v. Wintersteen, 144 Mo. App. 5; Borden v. Sedalia, 161 Mo. App. 638; Benton v. Philadelphia, 198 Pa.
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Appeal from Jasper Circuit Court, Division Number One. — Hon, Joseph D. Perkins, Judge. (1) If contributory negligence appears from plaintiff’s own testimony, defendants may take advantage of it, regardless of whether they pleaded it. Kile v. Light & Power Co., 149 Mo. App. 359; Cane v. Wintersteen, 144 Mo. App. 5; Borden v. Sedalia, 161 Mo. App. 638; Benton v. Philadelphia, 198 Pa. St. 396, 48 Atl. 267. (2) A plea of negligence generally, is good if not timely objected to by motion, or demurrer. ' Harmon v. United Railways, 163 Mo. App. 449; Tuck v. Traction Co., 140 Mo. App. 335; Hitchings…
1Opinion of the CourtSturgis, J.
This is a suit for damage to plaintiff’s automobile causéd by same coming in violent contact with a rope stretched across Second street in Webb City, Missouri, while plaintiff was driving down that street. The defendant Sahlman was assisting in building a church on the south side of that street and stretched this rope from the top of a gin pole, used in raising heavy material, to a telegraph pole on the opposite side. The rope was so low near the north side of the street that it caught the top of the automobile in passing under it and demolished the same. ■ The petition counts on the…
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2Cases cited21 opinions
- Hudson v. Wabash Western Railway Co.Supreme Court of Missouri · 1890
- Harrison v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1881
- Schneider v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1882
- Allen v. St. Louis Transit Co.Supreme Court of Missouri · 1904
- Wheat v. City of St. LouisSupreme Court of Missouri · 1904
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3Cited by6 opinions
- State Ex Rel. Hopkins v. DauesSupreme Court of Missouri · 1928
- Johnson v. Springfield Traction Co.Missouri Court of Appeals · 1913
- Stephens v. City of Eldorado SpringsMissouri Court of Appeals · 1915
- Boone County Lumber Co. v. NiedermeyerMissouri Court of Appeals · 1915
- Miller v. Mayor of BaltimoreCourt of Appeals of Maryland · 1931
1 more not listed; retrieve them via the Exa API.