Hufft v. Dougherty
Missouri Court of Appeals
Appeal from Clinton Circuit Court. — Hon. A. D. Burnes, Judge. (1) Where the evidence is conflicting as to any material fact, an instruction which assumes the existence of such fact is erroneous.
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Appeal from Clinton Circuit Court. — Hon. A. D. Burnes, Judge. (1) Where the evidence is conflicting as to any material fact, an instruction which assumes the existence of such fact is erroneous. Bertram v. Railroad, 154 Mo. 654; First Nat.' Bank V. Hatch, 98 Mo. 376; State v. Moore, 101 Mo. 316; Stone v. Hunt, 94 Mo. 480. (2) This instruction is further erroneous in that it gives the plaintiff the right to recover, on a general allegation of negligence, when the petition and plaintiff’s right to recover is based on a specific allegation of negligence, viz., “dangerous and unsafe rate of…
1Opinion of the CourtTrimble, J.
While driving a team of mules upon a public street in the town of Lathrop, plaintiff was met by an automobile which he says was driven at such a high, reckless and dangerous speed, and in such negligent manner that his team became frightened and ran away throwing him out and seriously injuring him. He sues to recover damages.
That he was met on the street by the automobile and that his team ran away no one disputes. The automobile was driven by the defendant’s son, a young man about twenty years of age living with his father. The son claims that he and not the father owned the automobile. It…
2Cases cited4 opinions
- Daily v. MaxwellMissouri Court of Appeals · 1911
- Whimster v. HolmesMissouri Court of Appeals · 1914
- State v. PageSupreme Court of Missouri · 1908
- Conway v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1911