Guthrie v. Holmes
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. Harris Robinson, Judge. (1) The evidence in the case does, not make out a case of mere deviation. On the contrary, it conclusively shows that Hettenbaugh was using the automobile for his personal pleasure for a drunken carousal. The doctrine of deviation has never been applied to such a state of facts and under the evidence in the case, the demurrer should have been sustained.
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Appeal from Jackson Circuit Court. — Hon. Harris Robinson, Judge. (1) The evidence in the case does, not make out a case of mere deviation. On the contrary, it conclusively shows that Hettenbaugh was using the automobile for his personal pleasure for a drunken carousal. The doctrine of deviation has never been applied to such a state of facts and under the evidence in the case, the demurrer should have been sustained. Reilly v. Connable, 214 N. Y. 586; Danforth v. Fisher, 75 N. TI. Ill, 21 L. R. A. (N. S.) 93; Eakin v. Anderson, 169 Ky. 1; Steffen v. McNaughton, 142 Wis. 49; Douglass'v.…
1DissentWoodson, J.
(dissenting) — While I believe the verdict and judgment in this case are unjust, not supported by the greater weight of the evidence, but in fact against it, and ought to be set aside on that account, because I believe the trial court abused its sound judicial discretion in not granting a new trial on that ground, yet I am clearly of the opinion that after the plaintiff has made out his prima-facie case which is conceded in this case as I understand the majority opinion, the court cannot sustain a demurrer to the plaintiff’s evidence, or otherwise take the case from the jury on account of…
2Cases cited29 opinions
- Gregory v. ChambersSupreme Court of Missouri · 1883
- Wolff v. CampbellSupreme Court of Missouri · 1892
- Hipsley v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1885
- Schroeder v. Chicago & Alton RailroadSupreme Court of Missouri · 1891
- Gordon v. BurrisSupreme Court of Missouri · 1897
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