Jackson v. Southern Bell Telephone Co.
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — Eon. Thomas B. Allen, Judge. (1) The location of the pole in question did not constitute negligence on the part of the defendant, and the accident complained of was caused by plaintiff’s own fault and negligence, and was- not due to any fault or neglect on the part of the defendant; and it was error for the court to refuse defendant’s demurrer to plaintiff’s evidence and defendant’s request for peremptory instruction at the close of all…
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Appeal from Buchanan Circuit Court. — Eon. Thomas B. Allen, Judge. (1) The location of the pole in question did not constitute negligence on the part of the defendant, and the accident complained of was caused by plaintiff’s own fault and negligence, and was- not due to any fault or neglect on the part of the defendant; and it was error for the court to refuse defendant’s demurrer to plaintiff’s evidence and defendant’s request for peremptory instruction at the close of all the evidence. Sec. 3326, R. S. 1909.; Julia Building Assn. v. Bell Tele- ■ phone Company, 88 Mo. 258; McCann v.…
1Opinion of the Court
Appeal from the Circuit Court of Buchanan County. Plaintiff sued defendant for personal injuries sustained by him while driving a Ford automobile which, in making a turn in the road to the west, skidded against a telephone pole of defendant near the north edge of the road. It was in the country near Saxton, Buchanan County. The verdict and judgment were for plaintiff in the sum of ten thousand dollars. Defendant duly appealed to this court.
Plaintiff testified on direct-examination: That he lived near Easton, east of Saxton, Missouri. That on the morning of the 25th of February, 1917, he…
2Cases cited3 opinions
- Monroe v. Chicago & Alton Railroad Co.Supreme Court of Missouri · 1920
- Threadgill v. United Railways Co.Supreme Court of Missouri · 1919
- Wells v. WellsSupreme Court of Missouri · 1919
3Cited by17 opinions
- Borgstede v. WaldbauerSupreme Court of Missouri · 1935
- Kaley v. HuntleySupreme Court of Missouri · 1933
- Monroe v. Chicago & Alton RailroadSupreme Court of Missouri · 1923
- Thaller v. Skinner & Kennedy CompanySupreme Court of Missouri · 1958
- Toeneboehn v. St. Louis-San Francisco Railway Co.Supreme Court of Missouri · 1927
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