Arnot v. Branconier
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Adams, J. The burden was on the defendant to account for the injury. Schouler’s Bailments, 23-25; Bush v. Miller, 13 Barb. 481; Logan v. Matthews, 6 Barb. 417; Goodfellow v. Meegan, 32 Mo. 28; Wisner v. Chesley, 53 Mo. 547. The plaintiff must prove a prima faeia case of negligence. Perry v. Beardslee, 10 Mo. 574; Beardslee v. Perry, 14 Mo. 93; MeGarthy v. Wolff, 40 Mo. 523.
1Opinion of the CourtThompson, J.
The substance of the petition is that the plaintiff, a livery stable keeper, hired a horse and buggy to the'defendant, and that while the same were in his charge, they were damaged through his negligence in the amount sued for. At the close of the plaintiff’s case, the court instructed the jury that the plaintiff could not recover, and accordingly the only question in the case is whether the evidence of the plaintiff made out a prima facie case of negligence such as shifted the burden of proof on the defendant.
This evidence was, without abbreviation, as follows: 5 ‘ Claude Kilpatrick…
2Cases cited5 opinions
- Collins v. . BennettNew York Court of Appeals · 1871
- Wiser v. ChesleySupreme Court of Missouri · 1873
- McCarthy v. WolfeSupreme Court of Missouri · 1867
- Beardslee v. PerrySupreme Court of Missouri · 1851
- Perry & Van Houten v. BeardsleeSupreme Court of Missouri · 1847
3Cited by10 opinions
- American Brewing Ass'n v. TalbotSupreme Court of Missouri · 1897
- Yazoo & Mississippi Valley Railroad v. HughesMississippi Supreme Court · 1908
- Berger v. St. Louis Storage & Commission Co.Missouri Court of Appeals · 1909
- Hildebrand v. CarrollWisconsin Supreme Court · 1900
- Taussig v. SchieldsMissouri Court of Appeals · 1887
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