Ashby v. Elsberry & New Hope Gravel Road Co.
Missouri Court of Appeals
Appeal from Lincoln Oircnit _ Court. — Hon. H. W. Johnson, Judge. (1) The court erred in admitting evidence of the habit or custom of cattle and “stock” as to running on defendant’s road. Ashby v. Gravel Road Co., 99 Mo. App. 178, 73 S. W. 229. (2) The court erred in his verbal declaration of law that the presence of “stock” unattended on the road was evidence of negligence on defendant’s part and that defendant must keep the road clear.
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Appeal from Lincoln Oircnit _ Court. — Hon. H. W. Johnson, Judge. (1) The court erred in admitting evidence of the habit or custom of cattle and “stock” as to running on defendant’s road. Ashby v. Gravel Road Co., 99 Mo. App. 178, 73 S. W. 229. (2) The court erred in his verbal declaration of law that the presence of “stock” unattended on the road was evidence of negligence on defendant’s part and that defendant must keep the road clear. Even if written it would have been error. Wright v. Richmond, 21 Mo. App. 76; State v. Rothschild, 68 Mo. 52. (3) The court erred in allowing plaintiff to…
1Opinion of the CourtBland, P. J.
1. This cause was appealed here on a former occasion and is reported in 99 Mo. App. 178. The evidence on the second trial is substantially the same as on the first one. In the opinion filed by Judge Goode on the former appeal, a full and fair statement of the pleadings and facts, as shown by the record, is set forth and we adopt his statement in full. The last trial resulted in a verdict and judgment for plaintiff in the sum of six hundred and fifty dollars, from which defendant duly perfected its appeal.
One of the allegations of negligence in the petition is, that the defendant permitted…
2Cases cited12 opinions
- Browning v. Wabash Western Railway Co.Supreme Court of Missouri · 1894
- Hickey v. WelchMissouri Court of Appeals · 1901
- Harmon v. DonohoeSupreme Court of Missouri · 1899
- Hill v. City of SedaliaMissouri Court of Appeals · 1896
- St. Louis v. BabcockSupreme Court of Missouri · 1900
7 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Fowler v. Park Corp.Supreme Court of Missouri · 1984
- Wors v. Glasgow Village Supermarket, Inc.Supreme Court of Missouri · 1970
- Bingaman v. HannahSupreme Court of Missouri · 1917
- Partello v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1912
- Murphy v. Fidelity National BankMissouri Court of Appeals · 1932
6 more not listed; retrieve them via the Exa API.