Cole v. Long
Missouri Court of Appeals
Appeal from the Iron County Circuit Court. — lion. E. M. Bearing, Judge. It is well settled that where an injury complained of may have resulted from several causes, any one of which the party sued is not liable for, then it is incumbent on the party suing to show with reasonable certainty that the cause for which the party is liable produced the result. Plaintiff wholly failed to so certainly prove that defendant killed deceased by striking or choking.
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Appeal from the Iron County Circuit Court. — lion. E. M. Bearing, Judge. It is well settled that where an injury complained of may have resulted from several causes, any one of which the party sued is not liable for, then it is incumbent on the party suing to show with reasonable certainty that the cause for which the party is liable produced the result. Plaintiff wholly failed to so certainly prove that defendant killed deceased by striking or choking. Smart v. Kansas City, 91 Mo. App. 586, 591-2; Morgan v. Durfree, 69 Mo. 476; DeMaet v. Fidelity Storage Co., 121 Mo. App. 105; Breen v. St.…
1Opinion of the CourtBradley, J.
Plaintiff, the widow of Frank B. Cole, sued to recover for the death of her husband, alleged to have been wrongfully caused by defendant. In her petition plaintiff asked for both actual and punitive damages. The cause was tried before the court and a jury, and resulting in a verdict and judgment for $5000 for actual damages. Defendant duly filed motions for new trial and in arrest, and these being overruled, he appealed.
Plaintiff alleged that on July 18, 1919, in Iron county defendant unlawfully, maliciously and intentionally, and without just cause, struck, beat and choked'her husband,…
Also in this document: Concurrence.
2Cases cited8 opinions
- Browning v. Wabash Western Railway Co.Supreme Court of Missouri · 1894
- Morgan v. DurfeeSupreme Court of Missouri · 1879
- Gray v. McDonaldSupreme Court of Missouri · 1891
- Stevens v. Kansas City Light & Power Co.Missouri Court of Appeals · 1919
- Berryman v. CoxMissouri Court of Appeals · 1898
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3Cited by2 opinions
- Keaton v. GoodSpringfield Municipal Court · 1961
- Burns v. ColleyMissouri Court of Appeals · 1928