Cain v. Wintersteen
Missouri Court of Appeals
Appeal from Clinton Circuit Court. — Hon. Alonso D. Burnes, Judge. (1) The conduct of the jury on its first verdict evidences prejudice and passion, and the judgment should he set aside. Fallow v. Grantham, 66 Mo. App. 509; Spiro v.- Transit Company, 102 Mo. App. 266; Richardson v. Forebuckles, 122 M'o. App. 529; Whitsett v. Ransome, 79 Mo. 258; Morris v. White, 188 Mo. 20. (2) Evidence of the character of a horse is always admissible.
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Appeal from Clinton Circuit Court. — Hon. Alonso D. Burnes, Judge. (1) The conduct of the jury on its first verdict evidences prejudice and passion, and the judgment should he set aside. Fallow v. Grantham, 66 Mo. App. 509; Spiro v.- Transit Company, 102 Mo. App. 266; Richardson v. Forebuckles, 122 M'o. App. 529; Whitsett v. Ransome, 79 Mo. 258; Morris v. White, 188 Mo. 20. (2) Evidence of the character of a horse is always admissible. If others saw this horse run away it was some evidence that the plaintiff knew it. The circumstances would warrant the plaintiff taking precautionary measures…
1Opinion of the CourtJohnson, J.
This suit is for damages plaintiff alleges she sustained by the negligent manner in which defendant ran an automobile on a public road. A trial resulted in a verdict and judgment for plaintiff in the sum of one hundred and seventy dollars.
Plaintiff, accompanied by another woman, was driving a horse attached to a buggy on a public road near Cameron. They met an automobile driven by defendant and, according to the evidence of plaintiff, the horse became frightened at the approach of the machine and betrayed signs of becoming unmanageable. Defendant did not stop and as the machine passed, the…
2Cases cited1 opinion
- Ramp v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1908
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- Ross v. MajorMissouri Court of Appeals · 1914
- Center Creek Mining Co. v. CoyneMissouri Court of Appeals · 1912
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