Dixon v. McDonnell
Missouri Court of Appeals
Appeal from Greene Circuit Court. — Son. James T. Neville, Judge. (1) Presumption is that defendant did not use ordinary care, and from the alleged answer of defendant negligence is inferred. Rayl v. Ereilich, 74 Mo. App. 246. (2) Oan not contract against negligence. Witting v. Railroad, 101 Mo. 637. -(3) In this case the means of showing how the colt was killed is with the defendant and not with the plaintiff.
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Appeal from Greene Circuit Court. — Son. James T. Neville, Judge. (1) Presumption is that defendant did not use ordinary care, and from the alleged answer of defendant negligence is inferred. Rayl v. Ereilich, 74 Mo. App. 246. (2) Oan not contract against negligence. Witting v. Railroad, 101 Mo. 637. -(3) In this case the means of showing how the colt was killed is with the defendant and not with the plaintiff. Witting v. Railroad, 101 Mo. 631. Plaintiff proved his ownership, delivery of tbe colt in good condition to defendant, payment of consideration for pasturing and feeding, tbe value,…
1Opinion of the CourtGoode, J.
In this action tbe plaintiff seeks to recover tbe value of a colt that belonged to him and was placed on tbe defendant’s pasture under a contract of agistment. Tbe colt was killed while in tbe defendant’s charge by falling into a cistern which had been dug in tbe pasture, or wqs accessible therefrom. A covering, supposed to be close and strong enough to prevent such an accident, bad been put over tbe cistern, but in some manner it became open on one side so that, plaintiff’s colt fell through.
*481The petition simply states tbe contract of bailment, that the animal was to be restored to plaintiff…
2Cases cited4 opinions
- Goodfellow's Executors v. MeeganSupreme Court of Missouri · 1862
- Casey v. DonovanMissouri Court of Appeals · 1896
- Cummings v. MastinMissouri Court of Appeals · 1891
- Rayl v. KreilichMissouri Court of Appeals · 1898
3Cited by2 opinions
- Heiser v. Berger Catering Co.Missouri Court of Appeals · 1907
- Phipps v. Markin SandersMissouri Court of Appeals · 1919