Lyman v. Dale
Missouri Court of Appeals
Appeal from Greene Circuit Court.—Eon. James T. Neville, Judge. (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.
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Appeal from Greene Circuit Court.—Eon. James T. Neville, Judge. (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. (2) Leading the mule in the manner complained of was not the proximate cause of the accident. The obstruction in the street caused the mule…
1Opinion of the CourtCox, J.
Action for damages caused by a mule while being led by a servant of defendant, coming in contact with the buggy wheel of plaintiff and breaking the wheel. The cáse was begun before a justice of the peace where, upon trial, plaintiff recovered the sum of five dollars, and defendant appealed to the circuit court. *430where, upon trial anew before the court, the issues were again found for plaintiff and his damages assessed at five dollars, and defendant has appealed.
Plaintiff was passing along Walnut street in the city of Springfield, traveling in a buggy. He met one Barker, a servant of defendant…
2Cases cited8 opinions
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- Dickson v. . McCoyNew York Court of Appeals · 1868
- Cadwell v. . ArnheimNew York Court of Appeals · 1897
- Haley v. St. Louis Transit Co.Supreme Court of Missouri · 1903
- Lawrence v. Heidbreder Ice Co.Missouri Court of Appeals · 1906
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3Cited by6 opinions
- Fox v. KoehnigWisconsin Supreme Court · 1926
- Shepard v. SmithIdaho Supreme Court · 1953
- Wigginton & Sweeney v. Bruce's GuardianCourt of Appeals of Kentucky · 1917
- Mabe Ex Rel. Mabe v. Gille Manufacturing Co.Missouri Court of Appeals · 1925
- Staton v. Western Macaroni Mfg. Co.Utah Supreme Court · 1918
1 more not listed; retrieve them via the Exa API.