Nevinger v. Haun
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Leo 8. Bassieur, Judge. (1) Where the evidence is as consistent with the absence as the existence of negligence, the case should not be submitted to the jury. Epperson v. Postal Tel. Co., 155 Mo. 346; Patton v. Railroad, 179 U. S. 658; Der laney v. Delaney, 206 Pa.
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Appeal from St. Louis City Circuit Court. — Hon. Leo 8. Bassieur, Judge. (1) Where the evidence is as consistent with the absence as the existence of negligence, the case should not be submitted to the jury. Epperson v. Postal Tel. Co., 155 Mo. 346; Patton v. Railroad, 179 U. S. 658; Der laney v. Delaney, 206 Pa. St. 226; Farrell v. Kaze, 157 Mich. 374; Trapnell v. City, 76 Iowa, 749. (2) In this case, in order to be entitled to a verdict, the plaintiff must show three things: First, an infection of the tooth; second, defendant the cause of the infection; third, defendant’s negligence in…
1Opinion of the CourtAllen, J.
This is an action for damages' alleged to have been sustained by plaintiff through the negligence and unskillfulness of the defendant, a dentist practicing his profession in the city of St. Louis. The suit was begun before a justice of the peace where plaintiff had judgment. Upon defendant’s appeal to the circuit court and a trial there de novo, before the court and a jury, there was a verdict and judgment for plaintiff in the sum of $50, from which the defendant appealed to this court.
While there were other charges of negligence and unskillfulness in the statement filed before the justice of…
2Cases cited8 opinions
- Buesching v. St. Louis Gaslight Co.Supreme Court of Missouri · 1880
- Hall v. Manufacturers Coal & Coke Co.Supreme Court of Missouri · 1914
- McGee v. Wabash RailroadSupreme Court of Missouri · 1908
- Spain v. BurchMissouri Court of Appeals · 1913
- Battles v. United Railways Co. of St LouisMissouri Court of Appeals · 1913
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3Cited by16 opinions
- Germann v. MatrissSupreme Court of New Jersey · 1970
- Steele v. WoodsSupreme Court of Missouri · 1959
- Pedigo v. RoseberrySupreme Court of Missouri · 1937
- Williams v. ChamberlainSupreme Court of Missouri · 1958
- Barker v. HeaneyCourt of Appeals of Texas · 1935
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