Spurling v. La Crosse Lumber Co.
Missouri Court of Appeals
Appeal from the Circuit Court of Audrain County — Hon. E. S. Gantt, Judge. (1) What constitutes actionable negligence is a question of law. Yamell v. St. Louis, Kansas City & Northern Ry. Co., 75 Mr. 575; Richmond v. The Missouri P'acific Ry. Co., 133 Mo. App. 463; Booker v. Southwest Missouri R. R. Co., 144 Mo. App. 273; Davison v. Royal Amusement Company, 144 Mr. App. 564; Creason v. St. Louis Iron Mountain & Southern Ry. Co., 149 Mo.
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Appeal from the Circuit Court of Audrain County — Hon. E. S. Gantt, Judge. (1) What constitutes actionable negligence is a question of law. Yamell v. St. Louis, Kansas City & Northern Ry. Co., 75 Mr. 575; Richmond v. The Missouri P'acific Ry. Co., 133 Mo. App. 463; Booker v. Southwest Missouri R. R. Co., 144 Mo. App. 273; Davison v. Royal Amusement Company, 144 Mr. App. 564; Creason v. St. Louis Iron Mountain & Southern Ry. Co., 149 Mo. App: 228. (2) Mere directions as to conditions under the circumstances of this case was not actionable negligence. The plaintiff’s servant was not compelled…
1Opinion of the CourtBecker, J.
Plaintiff instituted this action against the LaCrosse Lumber Company and the A. P. Green Fire B'rick Comnany, corporations, for the value of a mule alleged to have been killed through the negligence of the defendants. Plaintiff obtained a judgment against the lumber company in the sum of $240, the' jury returning a verdict in favor of the other defendant. The lumber company in due course appealed.
It appears that the nlaintiff was the owner of a mule team which he had used for several years on the public roads doing general hauling as well as having used the team for general farm work, such as…
2Cases cited5 opinions
- Loehring v. Westlake Construction Co.Missouri Court of Appeals · 1906
- Shaw v. GoldmanMissouri Court of Appeals · 1906
- Barton v. St. Louis & Iron Mountain RailroadSupreme Court of Missouri · 1873
- Wencker v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1902
- Creason v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1910
3Cited by1 opinion
- McHugh v. National Lead Co.District Court, E.D. Missouri · 1945