Wilhite v. City of Huntsville
Missouri Court of Appeals
Appeal from. Randolph Circuit Court. — Éon. A. H. Waller, Judge. The defendant, not being responsible for the contact of the wires, the law is that there is no negligence on its part unless it had a reasonable time after the dangerous act was committed, or the dangerous situation created, in which to discover the danger, and obviate its probable consequences. Clonts v. Gras Light Co., 144 Mo. App. 582; Frauenthal v. Gras Light Co., 67 Mo.
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Appeal from. Randolph Circuit Court. — Éon. A. H. Waller, Judge. The defendant, not being responsible for the contact of the wires, the law is that there is no negligence on its part unless it had a reasonable time after the dangerous act was committed, or the dangerous situation created, in which to discover the danger, and obviate its probable consequences. Clonts v. Gras Light Co., 144 Mo. App. 582; Frauenthal v. Gras Light Co., 67 Mo. App. 1; Abbott v. Mining Co., 112 Mo. App. 550; Dodge v. Coal & Coke Co., 115 Mo. App. 601; Hach v. Railroad, 117 Mo. App. 11; Kelly v. Railroad, 105 Mo.…
1Opinion of the CourtJohnson, J.
Plaintiff sued the city of Huntsville, a city of the third class, to recover damages for the loss of a horse which he alleges was killed by thq negligence of defendant. The cause is before us on the appeal of defendant from a judgment recovered by plaintiff in the circuit court.
*157The horse was killed about 5:30 a. m. January 14, 1911, while being driven into a public street in Huntsville from a livery barn owned and operated by plaintiff in that city. A pole line carrying both telephone and electric light wires ran along the street in front of the barn and the entrance to the barn was about…
2Cases cited6 opinions
- Kersey v. O'DaySupreme Court of Missouri · 1903
- Strack v. Missouri & Kansas Telephone Co.Supreme Court of Missouri · 1909
- Brown v. Consolidated, Light, Power & Ice Co.Missouri Court of Appeals · 1909
- Freeman v. Missouri & Kansas Telephone Co.Missouri Court of Appeals · 1912
- Goodwin v. Columbia Telephone Co.Missouri Court of Appeals · 1911
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3Cited by2 opinions
- Hollis v. Kansas City Light & Power Co.Missouri Court of Appeals · 1920
- Smissman v. WellsMissouri Court of Appeals · 1923