Vanneman ex rel. Vanneman v. Walker Laundry Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. O. A. Lucas, Judge. (1) Contributory negligence on part of plaintiff will bar Ms recovery. Zurfluh v. Eailroad, 46 Mo. App. 636; Judd v. Railroad, 23 Mo. App. 56; Rigby v. Railroad, 153 Mo. App. 330; Yeatch v. Railroad, 145 Mo. App. 232. (2) Plaintiff offered no evidence of negligence on part of defendant. Jury was not justified in assuming negligence. "Warner v. Railroad, 178 Mo. 125; Garann v. Mfg.
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Appeal from Jackson Circuit Court. — Hon. O. A. Lucas, Judge. (1) Contributory negligence on part of plaintiff will bar Ms recovery. Zurfluh v. Eailroad, 46 Mo. App. 636; Judd v. Railroad, 23 Mo. App. 56; Rigby v. Railroad, 153 Mo. App. 330; Yeatch v. Railroad, 145 Mo. App. 232. (2) Plaintiff offered no evidence of negligence on part of defendant. Jury was not justified in assuming negligence. "Warner v. Railroad, 178 Mo. 125; Garann v. Mfg. Co., 186 Mo. 300; Byerley v. Light Co., 130 Mo. App. 593. (3) There was' no evidence that alleged acts of driver were within the scope of his employment,…
1Opinion of the CourtBroaddus, P. J.
— The plaintiff, a boy of about thirteen years of age, sues to recover damages for injuries he received as the result of the alleged negligence of a servant in defendant’s employ. The defendant is engaged in the laundry business, in which it is necessary to use wagons for the purpose of receiving and carrying material to be laundered to its place of business, and afterwards returning it to the owners.
The evidence of the plaintiff is to the effect, that he was passing along on Fifteenth street riding a bicycle, and, while going at a moderate speed, was injured by coming in contact with the…
2Cases cited1 opinion
- Fleishman v. Polar Wave Ice & Fuel Co.Missouri Court of Appeals · 1910
3Cited by7 opinions
- Guthrie v. HolmesSupreme Court of Missouri · 1917
- Beem v. H. D. Lee Mercantile Co.Supreme Court of Missouri · 1935
- Ward v. Teller Reservoir & Irrigation Co.Supreme Court of Colorado · 1915
- Whimster v. HolmesMissouri Court of Appeals · 1914
- Fellhauer v. Quincy, Omaha & Kansas City RailroadMissouri Court of Appeals · 1915
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