Morgan v. Mulhall
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — lion. O’Neill Ryan, Judge. (1) The petition fails to allege facts sufficient to constitute a cause of action. The cause of action is alleged in one clause of a sentence. The cause of action as alleged is as follows: “The defendant by shooting into a crowd of people negligently shot the plaintiff.”
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Appeal from St. Louis City Circuit Court. — lion. O’Neill Ryan, Judge. (1) The petition fails to allege facts sufficient to constitute a cause of action. The cause of action is alleged in one clause of a sentence. The cause of action as alleged is as follows: “The defendant by shooting into a crowd of people negligently shot the plaintiff.” There is no allegation that he improperly or negligently or carelessly or illegally, or improperly or wrongfully shot into a crowd of people. There can be no inference that the act of shooting into the crowd of people was wrongful or unlawful; the…
1Opinion of the CourtLamm, J.
Suing Mulhall, Ernest Morgan by his nest friend asked $20,000- damages, grounding his right of action on a negligent shooting and wounding. At a trial with the aid of a jury, he got a verdict of $5,000. From a judgment entered, defendant appeals.
The petition follows:
“The plaintiff for his cause of action showetb *454to the court that on the 24th day of May, 1905, upon the petition of said Ernest Morgan the said circuit court did appoint Joseph Morgan as his next friend to commence and prosecute this suit, and said Joseph Morgan has consented in writing to act as such next best friend for said…
2Cases cited12 opinions
- Browning v. Wabash Western Railway Co.Supreme Court of Missouri · 1894
- Schneider v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1882
- Tetherow v. St. Joseph & Des Moines RailroadSupreme Court of Missouri · 1888
- Mack v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1883
- State v. MulhallSupreme Court of Missouri · 1906
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3Cited by40 opinions
- Barr v. Nafziger Baking Co.Supreme Court of Missouri · 1931
- Powell v. Union Pacific RailroadSupreme Court of Missouri · 1914
- Murphy v. Wabash RailroadSupreme Court of Missouri · 1910
- Douglas v. WhitledgeMissouri Court of Appeals · 1957
- Keyes v. Chicago, Burlington & Quincy RailroadSupreme Court of Missouri · 1930
35 more not listed; retrieve them via the Exa API.