Sullivan v. Chauvenet.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Karl Kimmel, Judge. (1) The demurrer to the evidence should have been sustained. Pannell v. Allen, 160 Mo. App. 721; Winter v. Van Blarcom, 258 Mo. 418; Hyde v. Hubinger, 87 Conn. 704; Stahl v. Sollinberger, 246 Pa. 525; Curley v. Baldwin, 90 Atl. 1; Sullivan v. Smith, 91 Atl. 456; Battles v. United Rys. Co., 178 Mo. App. 596; Cray v. Wabash, 179 Mo.
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Appeal from St. Louis City Circuit Court. — Hon. Karl Kimmel, Judge. (1) The demurrer to the evidence should have been sustained. Pannell v. Allen, 160 Mo. App. 721; Winter v. Van Blarcom, 258 Mo. 418; Hyde v. Hubinger, 87 Conn. 704; Stahl v. Sollinberger, 246 Pa. 525; Curley v. Baldwin, 90 Atl. 1; Sullivan v. Smith, 91 Atl. 456; Battles v. United Rys. Co., 178 Mo. App. 596; Cray v. Wabash, 179 Mo. App. 541; Hight v. American Bakery Company, 168 Mo.'App. 431. (2) Plaintiff was guilty of contributory negligence as a matter of law. Winter v. Van Blarcom, 258 Mo. 418; Sullivan v. Chauvenet, 186…
1Opinion of the Court
•GOODE, J.
Between seven-thirty and eight o-clock in the evening of October 2,1912, James J. Sullivan, then a boy thirteen years old, was collided with and seriously hurt by an automobile owned by defendant and driven by a chauffeur employed by her. The injured boy began this action, but as he has died since it was tried. Patrick Sullivan, the administrator of his estate, has been substituted as the plaintiff. For convenience we will speak of the boy as still the plaintiff.
As related by the boy and corroborated in important particulars bv other testimony, the facts are these: Th plaintiff bad…
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