Fleishman v. Polar Wave Ice & Fuel Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Robert M. Foster, Judge. (1) The demurrer to the evidence should have been sustained: (a) Because there was no evidence whatever of any negligence on the part of the defendant, or anybody else, contributing to the plaintiff’s alleged injuries. The doctrine of res ipsa loquitur does not apply here; negligence cannot be inferred from the mere striking of one wagon by the other.
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Appeal from St. Louis City Circuit Court. — Hon. Robert M. Foster, Judge. (1) The demurrer to the evidence should have been sustained: (a) Because there was no evidence whatever of any negligence on the part of the defendant, or anybody else, contributing to the plaintiff’s alleged injuries. The doctrine of res ipsa loquitur does not apply here; negligence cannot be inferred from the mere striking of one wagon by the other. Some negligent act on the part of defendant must be proven. Schmidt v. Harkness, 3 Mo. App. 585; Cotton y-. Wood, 8 C. B. (N. S.) 568; Same case,■ Thompson on Neg. (1…
1Opinion of the CourtGoode, J.
This plaintiff dwells on the east side of Eleventh street, between Wash street on the south and Carr street on the north, her residence being No. 1006 North Eleventh. Defendant, a corporation engaged in the ice and fuel business, maintains a yard and place of business at the corner of Eleventh and Wash streets and, we gather from the record, almost, immediately opposite the home of plaintiff. The Moll Grocer Company has a stable for horses and teams at No. 1020 North Eleventh street, on the same side as plaintiff’s residence and a few doors north. Plaintiff received an injury in front of the…
2Cases cited28 opinions
- Gannon v. Laclede Gas Light Co.Supreme Court of Missouri · 1898
- Garretzen v. DuenckelSupreme Court of Missouri · 1872
- Norris v. . KohlerNew York Court of Appeals · 1869
- Dougherty v. Missouri RailroadSupreme Court of Missouri · 1884
- Wylde v. Northern Railroad Co. of New JerseyNew York Court of Appeals · 1873
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3Cited by23 opinions
- Barz v. Fleischmann Yeast Co.Supreme Court of Missouri · 1925
- Rockenstein v. RogersSupreme Court of Missouri · 1930
- Mrazek v. Terminal Railroad Assn.Supreme Court of Missouri · 1937
- Houston v. Co.Oregon Supreme Court · 1917
- O'Malley ex rel. O'Malley v. Heman Construction Co.Supreme Court of Missouri · 1914
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