Ward v. Steffen
Missouri Court of Appeals
Appeal from Lincoln Circuit Court. — Hon. Elliott M. Hughes, Judge. STATEMENT OE THE CASE. Appeal from a verdict and' Judgment for fifty dollars damages in favor of the plaintiff for injuries received by himself, his horse, buggy and harness, by the team and wagon of the defendant running against plaintiff’s buggy and horse while he was driving along a street of Troy.
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Appeal from Lincoln Circuit Court. — Hon. Elliott M. Hughes, Judge. STATEMENT OE THE CASE. Appeal from a verdict and' Judgment for fifty dollars damages in favor of the plaintiff for injuries received by himself, his horse, buggy and harness, by the team and wagon of the defendant running against plaintiff’s buggy and horse while he was driving along a street of Troy. The negligent act charged against defendant is, that he left his team at the railway depot unhitched and unattended by anyone and they became frightened, ran away and caused the injuries aforesaid. The runaway, collision and…
1Opinion of the CourtGoode, J.
Appellant’s exception to the refusal to direct a verdict for him must be overruled. There was substantial evidence tending to establish a negligent act by him in leaving his team unhitched and unwatehed at a place where they were likely to be scared. While it may be conceded they were provoked to run by Bowser’s violent whipping of his horse, and the noise of the frightened geese, may be, the stampede or the resulting damage would not have occurred if they had been hitched or in charge of some person. Horses often run away when unhitched from an alarm which will only cause them to be restless…
2Cases cited11 opinions
- Gannon v. Laclede Gas Light Co.Supreme Court of Missouri · 1898
- Russell v. Inhabitants of ColumbiaSupreme Court of Missouri · 1881
- McManamee v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1896
- Dougherty v. Missouri Pacific RailroadMissouri Court of Appeals · 1881
- Allen v. ClaybrookSupreme Court of Missouri · 1874
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3Cited by2 opinions
- Miller v. United Railways Co.Missouri Court of Appeals · 1911
- McKenzie v. United Railways Co.Missouri Court of Appeals · 1914