Ostermeier v. Kingman-St. Louis Implement Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. George H. Shields, Judge. Not a single act of negligence was proved upon the part of the defendant in this case. The rule in this State that plaintiff must prove against the defendant the negligence alleged in its petition is imperative and admits of no exception. Yarnell v. Railroad, 113 Mo. 579; Looney v. Railroad, 200 U. S. 480. The same principle is.reiterated in later decisions of this court.
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Appeal from St. Louis City Circuit Court. — Hon. George H. Shields, Judge. Not a single act of negligence was proved upon the part of the defendant in this case. The rule in this State that plaintiff must prove against the defendant the negligence alleged in its petition is imperative and admits of no exception. Yarnell v. Railroad, 113 Mo. 579; Looney v. Railroad, 200 U. S. 480. The same principle is.reiterated in later decisions of this court. Zeis v. Brewing Assn., 205 Mo. 653; Glaser v. Rothschild, 221 Mo. 204. Nor does the rule res ipsa loquitur apply in a case where a plaintiff bases…
1Opinion of the Court
ROY, C.
Plaintiff recovered a judgment for $3500 for personal injuries. Defendant has appealed.
On October 13,1909, and for two years prior thereto, the plaintiff was a street sweeper or scraper, working back and forth on Ninth street for several blocks in front of defendant’s garage, which was at 2117, on the west side of Ninth street. He was about seventy-*132eight years of age and was getting a dollar and a half per day. The petition contained the following:
‘ ‘ That on said date, defendant was the owner of a certain automobile, which at the time was in the possession of a servant and employee of…
2Cases cited3 opinions
- Lauson v. Town of Fond du LacWisconsin Supreme Court · 1909
- Vaughn v. ScadeSupreme Court of Missouri · 1860
- Anselment v. DaniellNew York Court of Common Pleas · 1893
3Cited by10 opinions
- Kuzuf v. GebhardtSupreme Court of Missouri · 1980
- Osby v. TarltonSupreme Court of Missouri · 1935
- Aronson v. RickerMissouri Court of Appeals · 1915
- Lauff v. J. Kennard & Sons Carpet Co.Missouri Court of Appeals · 1914
- Gaylor v. WeinshienkMissouri Court of Appeals · 1926
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