Carrow v. Haney
Missouri Court of Appeals
Appeal from the Circuit Court of the City of St. Louis. —Eon. Rhodes E. Cave, Judge. (1) If plaintiff failed to make out a case entitling her to recover then it was error for the court to sustain her motion for new trial regardless of whether the court did or did not commit error in the matter of the instruction. Thompson v. Paving Co., 199 Mo. App. 356; Johnson Crain Co. v. Railroad, 177 Mo.
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Appeal from the Circuit Court of the City of St. Louis. —Eon. Rhodes E. Cave, Judge. (1) If plaintiff failed to make out a case entitling her to recover then it was error for the court to sustain her motion for new trial regardless of whether the court did or did not commit error in the matter of the instruction. Thompson v. Paving Co., 199 Mo. App. 356; Johnson Crain Co. v. Railroad, 177 Mo. App. 194. (2) The verdict as to Mrs. Haney was clearly right because: (a) The husband being the head of the family is entitled to control in such matters of domestic policy as permitting a dog to be kept…
1Opinion of the Court
This is an action for damages. At the trial in the circuit court, the jury returned a verdict for the defendants. Plaintiff filed a motion for new trial, which was sustained. From this order granting a new trial, defendants perfected their appeal to this court.
The petition alleges that defendants, husband and wife, were the owners and in possession of a certain dog, which they kept on their premises in the City of St. Louis, Missouri; that that dog was vicious, dangerous and ferocious, and known to the defendants to be such; that the plaintiff was requested by defendants to go upon their…
2Cases cited7 opinions
- Flesh v. LindsaySupreme Court of Missouri · 1893
- Merrill v. City of St. LouisSupreme Court of Missouri · 1884
- Charlton v. JacksonMissouri Court of Appeals · 1914
- Merritt v. MatchettMissouri Court of Appeals · 1909
- Staetter v. McArthurMissouri Court of Appeals · 1888
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- State ex rel. Kroger Co. v. CraigMissouri Court of Appeals · 1959
- Frazier v. StoneMissouri Court of Appeals · 1974
- Bush Ex Rel. Bush v. AndersonMissouri Court of Appeals · 1962
- Dansker v. GelbSupreme Court of Missouri · 1961
- Boosman v. MoudyMissouri Court of Appeals · 1972
3 more not listed; retrieve them via the Exa API.