Legal Opinion

Goodwin Ex Rel. Goodwin v. Eugas

Supreme Court of Missouri

Decided December 19, 1921PublishedCited by 17 opinions

Appeal from Cape Girardeau Court of Common Pleas.— Hon. John A. Snider, Judge. The petition charges a violation of the twelve-mile ordinance, a violation of the six-mile ordinance, a violation of the ordinance requiring operators of motor vehicles to slow down on approaching the intersection of streets and also common-law negligence. There was substantial testimony in support of each of the above charges of negligence.

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Appeal from Cape Girardeau Court of Common Pleas.— Hon. John A. Snider, Judge. The petition charges a violation of the twelve-mile ordinance, a violation of the six-mile ordinance, a violation of the ordinance requiring operators of motor vehicles to slow down on approaching the intersection of streets and also common-law negligence. There was substantial testimony in support of each of the above charges of negligence. (1) Instruction No. 2, given for respondent, directed the jury to find a verdict for defendant if Floyd Eugas did not see appellant or, after, seeing him, he did not have a…

1Opinion of the Court

Plaintiff was struck and run over by an automobile owned by defendant, Thomas C. Eugas (hereinafter called the defendant), while it was being driven by his minor son along one of the public thoroughfares of the city of Cape Girardeau. This suit is to recover damages in the sum of $25,000 for the resulting personal injury.

Fountain Street in the city of Cape Girardeau runs north and south; the next street east of it and paralleling it is Lorimier Street; they are intersected by Independence Street, a paved street running east and west. The place where the collision occurred was on the south…

2Cases cited3 opinions

  1. Lauson v. Town of Fond du LacWisconsin Supreme Court · 1909
  2. Spillane v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1896
  3. McKenna Ex Rel. Green v. LynchSupreme Court of Missouri · 1921

3Cited by17 opinions

  1. Barr v. Nafziger Baking Co.Supreme Court of Missouri · 1931
  2. Schmidt Ex Rel. Schmidt v. AllenSupreme Court of Missouri · 1957
  3. Smith v. WellsSupreme Court of Missouri · 1930
  4. Wilson v. WhiteMissouri Court of Appeals · 1954
  5. Kirkham v. Jenkins Music Co.Supreme Court of Missouri · 1937

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