Lyman v. Dale
Missouri Court of Appeals
Appeal from Greene Circuit Court.—Eon. James T. Neville, Judge. (1) The negligence alleged was leading “a wild and unruly mule” in a “careless and negligent manner.” There was a total failure of proof. The mule was quite gentle. A careless manner of leading a gentle mule is not alleged. In order to recover plaintiff was obliged to prove that the mule was wild and that defendant knew it. Cathorn v. Walsh, 7 Mo. App. 588; O’Neil v. Blase, 94 Mo.
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Appeal from Greene Circuit Court.—Eon. James T. Neville, Judge. (1) The negligence alleged was leading “a wild and unruly mule” in a “careless and negligent manner.” There was a total failure of proof. The mule was quite gentle. A careless manner of leading a gentle mule is not alleged. In order to recover plaintiff was obliged to prove that the mule was wild and that defendant knew it. Cathorn v. Walsh, 7 Mo. App. 588; O’Neil v. Blase, 94 Mo. App. 662. (2) Leading the mule in the manner complained of was not the proximate cause of the accident. The obstruction in the street caused the mule…
1Dissent
DISSENTING OPINION.
GRAY, J.
The plaintiff charged that the damages sued for were caused by defendant’s servant “leading a wild and unruly mule along the street in such 'a careless and negligent manner as to permit said mule to run into and against the plaintiff’s buggy.” While the suit was commenced in the justice court, wherein technical pleadings are not required, yet it seems to me that plaintiff charged and intended to charge that the negligence consisted in failing to exercise proper care in handling a “wild and unruly mule,” and that plaintiff did not intend to charge that the manner of…
2Cases cited16 opinions
- Baxter v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1899
- Warner v. St. Louis & Meramec River RailroadSupreme Court of Missouri · 1903
- Spiro v. St. Louis Transit Co.Missouri Court of Appeals · 1903
- Haviland v. Kansas City, Pittsburg & Gulf RailroadSupreme Court of Missouri · 1903
- City of St. Louis v. RocheSupreme Court of Missouri · 1895
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