Young v. Wolff
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Duniel D. Fisher, Judge. (1). The court erred in overruling defendant’s demurrers to the evidence, offered at the close of plaintiff’s case and also at the close of all the evidence in the case, (a) The facts testified to by plaintiff as to the manner in which the defendant separated her teeth are so preposterous and so contrary to all human experience as to he absolutely unbelievable and therefore the ease should be treated…
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Appeal from St. Louis City Circuit Court. — Hon. Duniel D. Fisher, Judge. (1). The court erred in overruling defendant’s demurrers to the evidence, offered at the close of plaintiff’s case and also at the close of all the evidence in the case, (a) The facts testified to by plaintiff as to the manner in which the defendant separated her teeth are so preposterous and so contrary to all human experience as to he absolutely unbelievable and therefore the ease should be treated as if no such evidence had been offered. This rule has been frequently recognized by the courts of this State. Weltmer v.…
1Opinion of the Court
NORTONI, J. —
This is a suit for damages accrued on account of personal injuries received through the alleged negligence of defendant. Plaintiff recovered and defendant prosecutes the appeal.
Defendant is a dentist, practicing his profession in the city, of St. Louis, and plaintiff was treated by him as his patient. ■ The evidence tends to prove that plaintiff called on defendant about the middle of December, 1910, for the purpose of having him treat her teeth. Defendant examined her teeth and went about the matter of killing the nerve in one before filling it. She returned on several different…
2Cases cited7 opinions
- Allen v. St. Louis Transit Co.Supreme Court of Missouri · 1904
- Miller v. United Railways Co.Missouri Court of Appeals · 1911
- Wheeler v. BowlesSupreme Court of Missouri · 1901
- Hales v. RainesMissouri Court of Appeals · 1911
- Mulderig v. St. Louis, Kansas City & Colorado RailroadMissouri Court of Appeals · 1906
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Annin v. JacksonSupreme Court of Missouri · 1937
- Glossip v. KellyMissouri Court of Appeals · 1934
- Evans Mercantile Co. v. LowryIdaho Supreme Court · 1928