Foley ex rel. Foley v. McMahon
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Daniel D. Fisher, Judge. (1) Defendant’s instruction in the nature of a demurrer, offered at the close of plaintiff’s case, should have been given. There was no evidence to show that plaintiff was injured by reason of a defect in the harness. This was the only issue in the case. Dunn v. Railroad, 21 Mo. App. 188; Karle v. Railroad, 55 Mo. 476. (2) The negligence of the defendant was too remote. Stanley t.
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Appeal from St. Louis City Circuit Court. — Hon. Daniel D. Fisher, Judge. (1) Defendant’s instruction in the nature of a demurrer, offered at the close of plaintiff’s case, should have been given. There was no evidence to show that plaintiff was injured by reason of a defect in the harness. This was the only issue in the case. Dunn v. Railroad, 21 Mo. App. 188; Karle v. Railroad, 55 Mo. 476. (2) The negligence of the defendant was too remote. Stanley t. Railroad, 114 Mo. 606. (3) The furnishing of defective harness was not the direct and proximate cause of the injury. The injury was not the…
1Opinion of the CourtBland, P. J.
Plaintiff, a boy of seventeen years of age, was hired by defendant to drive his two-mule wagon. The outside tug of the harness on the near mule had been broken and wired together, unknown to plaintiff. Plaintiff was driving on the streets of St. Louis, hauling mud. On his route with his second load, the wire holding the broken tug gave way and the plaintiff alighted from the wagon to repair it. The wheels- of the wagon were in a street railroad track and while plaintiff had his foot against the rail of the track and in front of the fore wheel of the wagon, pulling at the wire to bring the…
2Cases cited20 opinions
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- Hoag v. Lake Shore & Michigan Southern RailroadSupreme Court of Pennsylvania · 1877
- Hudson v. Wabash Western Railway Co.Supreme Court of Missouri · 1890
- American Brewing Ass'n v. TalbotSupreme Court of Missouri · 1897
- Bishop v. VoseSupreme Court of Connecticut · 1858
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3Cited by9 opinions
- Wilson v. Missouri Pacific RailroadSupreme Court of Missouri · 1928
- Boyce v. Chicago & Alton Railway Co.Missouri Court of Appeals · 1906
- McCray v. Missouri-Kansas & Texas RailroadSupreme Court of Missouri · 1928
- Bokamp v. Chicago & Alton Railway Co.Missouri Court of Appeals · 1907
- Brightwell v. LuskMissouri Court of Appeals · 1916
4 more not listed; retrieve them via the Exa API.