King v. Ringling
Missouri Court of Appeals
Appeal from Buchanan Circuit Court. — 3on. L. J. Eastin, Judge. (1) An inference can be drawn only from facts, and that one inference cannot be based on another inference. Swearingen v. Railroad, 120 S. W. 778; Cahill v. Railroad, 205 Mo. 404; Haynie v. Packing Co., 126 Mo. App. 92. (2) An inference cannot even be based on a presumption of law. Looney v. Railroad, 200 U. S. 480. (3) This is a negligence case. The doctrine of res ipsa loquitur does not apply.
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Appeal from Buchanan Circuit Court. — 3on. L. J. Eastin, Judge. (1) An inference can be drawn only from facts, and that one inference cannot be based on another inference. Swearingen v. Railroad, 120 S. W. 778; Cahill v. Railroad, 205 Mo. 404; Haynie v. Packing Co., 126 Mo. App. 92. (2) An inference cannot even be based on a presumption of law. Looney v. Railroad, 200 U. S. 480. (3) This is a negligence case. The doctrine of res ipsa loquitur does not apply. The principle of res ipsa loquitur applies only to those injuries whose mere occurrence implies a breach of duty. Erwin v. Railroad, 94…
1Opinion of the CourtJohnson, J.
This action is to recover damages for personal injuries alleged to have been caused by the negligence of defendants. A trial before a jury resulted in a verdict and judgment for plaintiff in the sum of six hundred dollars, and the cause is before us on the appeal of defendants.
The injury occurred in the city of Maryville in the afternoon of September 18, 1905, at a performance of a traveling show of which defendants were the proprietors. Plaintiff and her husband .had paid the admission fee charged by defendants and were occupying “general admission” seats in the “main tent,” when a violent…
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- Hudson v. Kansas City Baseball Club, Inc.Supreme Court of Missouri · 1942
- Crane v. Kansas City Baseball & Exhibition Co.Missouri Court of Appeals · 1913
- Berberet v. Electric Park Amusement Co.Supreme Court of Missouri · 1928
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