Ballman Ex Rel. Ballman v. H. A. Lueking Teaming Co.
Supreme Court of Missouri
Appeal from St Louis City Circuit Court. — Hon. John W. Calhoun, Judge. (1) The trial court should have sustained appellant’s demurrers to the evidence, (a) The evidence showed no negligence on the part of appellant. Stotler v. Railroad, 200 Mo. 146.; Berry on Automobiles' (2 Ed/), p. 158; Battles v. Railway, 178 Mío. App. 624. (b) The plaintiff was guilt3r of contributory negligence as a matter of law.
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Appeal from St Louis City Circuit Court. — Hon. John W. Calhoun, Judge. (1) The trial court should have sustained appellant’s demurrers to the evidence, (a) The evidence showed no negligence on the part of appellant. Stotler v. Railroad, 200 Mo. 146.; Berry on Automobiles' (2 Ed/), p. 158; Battles v. Railway, 178 Mío. App. 624. (b) The plaintiff was guilt3r of contributory negligence as a matter of law. Stotler v. Railroad, 200 Mo. 146; White v. Railroad, 250 Mo. 482. (2) A witness should not be permitted to state his conclusions as to the relationship created by an unambiguous contract, or…
1Opinion of the CourtGoode, J.
The plaintiff had his right arm crushed about the elbow, so as to leave it permanently stiffened, by a motor truck alleged to belong to defendant company and while driven by an employee of it. The accideni occurred at the intersection of Seventeenth and Mullanphy streets, in St. Louis, about seven o’clock and ten minutes, in the evening of October 9‘, 1914. On the trial of this action brought to recover damages for the injury, a heavy verdict was returned in plaintiff’s favor and from a judgment entered thereon, the appeal was taken.
At the date of the accident plaintiff, a boy of ten years of…
2Cases cited9 opinions
- Hudson v. Wabash Western Railway Co.Supreme Court of Missouri · 1890
- McManamee v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1896
- McGee v. Wabash RailroadSupreme Court of Missouri · 1908
- Riggs v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1909
- Cool v. PetersenMissouri Court of Appeals · 1915
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3Cited by2 opinions
- Faught Ex Rel. Faught v. WashamSupreme Court of Missouri · 1959
- Wintjen v. KloeppelMissouri Court of Appeals · 1977