Hall v. Compton
Missouri Court of Appeals
Appeal from Macon Circuit Court. — Eon. Nat. M. Shelton, Judge. (1) It was error for the court to refuse defendant’s instruction by way of demurrer to the evidence. (2) This is a case in which the trial court should have required the plaintiff to elect upon which count and cause of action he would proceed. The first count was based upon the violation of the city ordinance, simply and purely.
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Appeal from Macon Circuit Court. — Eon. Nat. M. Shelton, Judge. (1) It was error for the court to refuse defendant’s instruction by way of demurrer to the evidence. (2) This is a case in which the trial court should have required the plaintiff to elect upon which count and cause of action he would proceed. The first count was based upon the violation of the city ordinance, simply and purely. The second count was at common law.' (1) The.court did not err in refusing to require plaintiff to elect upon which of the two counts of his petition he would go to the jury. Maguire v. Transit Co., 103…
1Opinion of the CourtJohnson, J.
A horse which plaintiff was driving along a public street in the city of Macon took fright at a passing automobile, suddenly jumped to one side and tilted the vehicle to which it was hitched sufficiently to throw plaintiff from his seat to the ground and injure him. • Plaintiff sued the owner of the automobile for damages, alleging that the horse was frightened by the negligent manner in which the machine was operated, and recovered judgment in the sum of two hundred dollars.
It appears from the evidence introduced by plaintiff that on July 7, 1905, plaintiff and two other men, his guests,…
2Cases cited5 opinions
- Christy v. ElliottIllinois Supreme Court · 1905
- Indiana Springs Co. v. BrownIndiana Supreme Court · 1905
- McFern v. GardnerMissouri Court of Appeals · 1906
- State v. SwagertySupreme Court of Missouri · 1907
- Murphy v. WaitAppellate Division of the Supreme Court of the State of New York · 1905
3Cited by9 opinions
- Parsons v. Crown Disposal Co.California Supreme Court · 1997
- McNeal v. McKainSupreme Court of Oklahoma · 1912
- Deputy v. KimmellWest Virginia Supreme Court · 1914
- Bongner v. ZiegenheinMissouri Court of Appeals · 1912
- Reynolds v. Grain Belt Mills Co.Missouri Court of Appeals · 1934
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