Fox v. Young
Missouri Court of Appeals
Appeal from Livingston Circuit Court, Hon. James M. Davis, Judge. The case is stated in the opinion. I. There was no evidence of any consideration for the hiring, nor of the value of the animal killed. And the court erred in overruling demurrer to evidence. II. The evidence made the driver the servant of plaintiff, and plaintiff must bear the loss.
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Appeal from Livingston Circuit Court, Hon. James M. Davis, Judge. The case is stated in the opinion. I. There was no evidence of any consideration for the hiring, nor of the value of the animal killed. And the court erred in overruling demurrer to evidence. II. The evidence made the driver the servant of plaintiff, and plaintiff must bear the loss. Barry v. St. Louis, 17 Mo. 121; Morgan v. Bowman, 22 Mo. 538. I. Grounds of objection, not set forth in the motion for new trial, will not be beard in tbe appellate court. Carver v. Thornhill, 53 Mo. 283; Brady v. Connelly, 52 Mo. 19. II. The cases…
1Opinion of the CourtPhilips, P. J.
This is an action to recover tbe value ■of a mule, tbe property of plaintiff, alleged to bave been killed tbrougb tbe wrong of defendant. Tbe petition •alleges tbat plaintiff hired to defendant a pair of mules to do certain work on a railroad track which defendant was constructing as contractor; tbat, by tbe • express terms of tbe contract of hiring, tbe defendant was not to employ said team by working them to a scraper, as this could not be done without danger to them. Tbat defendant, in violation of such agreement, caused tbe said team to be bitched to a scraper, whereby they became alarmed…
2Cases cited7 opinions
- Barry v. City of St. LouisSupreme Court of Missouri · 1852
- Morgan v. BowmanSupreme Court of Missouri · 1856
- Carver v. ThornhillSupreme Court of Missouri · 1873
- Snyder v. BurnhamSupreme Court of Missouri · 1882
- Blakely v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1883
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Cartlidge v. SloanSupreme Court of Alabama · 1899
- Shantz v. ShrinerMissouri Court of Appeals · 1912
- Wiltshire v. TriplettMissouri Court of Appeals · 1897
- Kellar v. GarthMissouri Court of Appeals · 1891
- Bevier Black Diamond Coal Co. v. WatsonMissouri Court of Appeals · 1904
4 more not listed; retrieve them via the Exa API.