Lyman v. Dale
Supreme Court of Missouri
Appeal from Greene Circuit. Court. — Hon. James T. Neville, Judge. The court erred in overruling defendant’s demurrer to the evidence: (1) The negligence alleged was leading “a wild and unruly mule” in a “careless and negligent manner. ’ ’ There was a total failure of proof. The mule was quite gentle. A careless manner of leading a gentle mule is not alleged. In order to recover plaintiff was obliged to prove that the mule was wild and that defendant knew it.
Read the full summary
Appeal from Greene Circuit. Court. — Hon. James T. Neville, Judge. The court erred in overruling defendant’s demurrer to the evidence: (1) The negligence alleged was leading “a wild and unruly mule” in a “careless and negligent manner. ’ ’ There was a total failure of proof. The mule was quite gentle. A careless manner of leading a gentle mule is not alleged. In order to recover plaintiff was obliged to prove that the mule was wild and that defendant knew it. Cathorn v. Walsh, 7 Mo. App. 588; O’Neil v. Blase, 94 Mo. App. 662. It is not alleged that defendant knew the mule was wild or unruly,…
1Opinion of the CourtGraves, J.
This case involves the magnificent sum of five dollars. It reaches ns under a certification from the Springfield Court of Appeals. We are enlightened by three well written opinions from the three respective members of that court. The facts we shall state for ourselves. Plaintiff having had one wheel of an old buggy somewhat demolished by coming in contact with a mule belonging- to defendant, but being led by an employee of defendant, sought damages therefor before a justice of the peace, in October, 1909. He thus challenges his enemy in an amended petition filed before such justice:
“Plaintiff…
2Cases cited3 opinions
- City of St. Louis v. RocheSupreme Court of Missouri · 1895
- Boggs v. Pacific Steam Laundry Co.Missouri Court of Appeals · 1902
- Eddy v. Union Railroad CompanySupreme Court of Rhode Island · 1903
3Cited by8 opinions
- Pearrow v. ThompsonSupreme Court of Missouri · 1938
- Boosman v. MoudyMissouri Court of Appeals · 1972
- Warner v. Oriel Glass CompanySupreme Court of Missouri · 1928
- Carrow v. HaneyMissouri Court of Appeals · 1920
- Tillery v. CrookMissouri Court of Appeals · 1957
3 more not listed; retrieve them via the Exa API.