Legal Opinion

King v. National Oil Co.

Missouri Court of Appeals

Decided May 8, 1899PublishedCited by 8 opinions

Appeal from the Jackson Circuit Court. — Hon. B. P. Gates, Judge. (1) Plaintiff’s evidence shows that he was guilty of such negligence as precludes recovery. There was nothing in appellant’s evidence to aid him. Hicks v. Railway, 46 Mo.

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Appeal from the Jackson Circuit Court. — Hon. B. P. Gates, Judge. (1) Plaintiff’s evidence shows that he was guilty of such negligence as precludes recovery. There was nothing in appellant’s evidence to aid him. Hicks v. Railway, 46 Mo. App. 304; 2 Shearm. & Red. on Neg., sec. 690; 1 Thomp. on Neg., p. 110, sec. 11; p. 231, sec. 1; Whart. on Neg., secs. 324, 384; 2 Thomp. on Neg., pp. 1211, 1238, 1152; Callahan v. Warne, 40 Mo. 131; Conroy v. Iron Works, 62 Mo. 35; Butz v. Cavanaugh, 137 Mo. 503; Eletcher v. Railway, 64 Mo. 484; Bell v. Railway, 72 Mo. 50; Henry v. Railway, 76 Mo. 288; Powell…

1Opinion of the CourtSmith, P. J.

Action to recover damages for injuries received by plaintiff in consequence of the negligence of the defendant.

The petition alleges the cause of action in this way: That is to say, that the defendant, a business corporation, was engaged in selling gasoline* and the plaintiff, a wagon maker and repairer, kept a shop in which he carried on his trade as such; defendant sent a gasoline tank wagon to plaintiff’s shop to be repaired and to have a flange riveted on the same; that said gasoline tank wagon was then in a dangerous, improper and unsafe condition to be repaired in this: That said wagon…

2Cases cited4 opinions

  1. Bowen v. Chicago, Burlington & Kansas City Railway Co.Supreme Court of Missouri · 1888
  2. Fuchs v. St. LouisSupreme Court of Missouri · 1896
  3. Hills v. RossSupreme Court of the United States · 1796
  4. Gregor Grocer Co. v. CarlsonMissouri Court of Appeals · 1896

3Cited by8 opinions

  1. Fletcher v. KempSupreme Court of Missouri · 1959
  2. Winkler v. MacOn Gas Co.Supreme Court of Missouri · 1951
  3. Varas v. Stewart and CompanyMissouri Court of Appeals · 1929
  4. Kube v. St. Louis Transit Co.Missouri Court of Appeals · 1903
  5. Hansen v. Standard Oil Co.Idaho Supreme Court · 1935

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