Long v. Nute
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Eon. O’Neill Ryan, Judge. (1) It is error for the court to instruct the jury that any fact may he presumed from another fact unless the presumption be one of law. Glovers’ Admr’s v. Duhle, 19 Mo. 360; Moies v. Eddy, 28 Mo. 382; Steinwender v. Creath, 44 Mo.
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Appeal from St. Louis City Circuit Court. — Eon. O’Neill Ryan, Judge. (1) It is error for the court to instruct the jury that any fact may he presumed from another fact unless the presumption be one of law. Glovers’ Admr’s v. Duhle, 19 Mo. 360; Moies v. Eddy, 28 Mo. 382; Steinwender v. Creath, 44 Mo. App. 356. (2) There is no presumption of law with respect to the servant acting in the service of the master, when he is driving a pleasure vehicle like an automobile, when no member of the owner’s family is therein. Railroad v. Harvey, 144 Fed. 806; Cousins v. Railroad, 66 Mo. 576; Garretzen v.…
1Opinion of the CourtBland, P. J.
The action was commenced before a justice of the peace and in due course was appealed to the circuit court, where on a trial de novo plaintiff recovered a judgment for eighty-five dollars, from which defendant duly appealed. During the trial, to meet the views of the trial court in regard to the admissibility of evidence, as to the value of the services of a veterinary surgeon, employed by plaintiff to treat the wounds inflicted upon his horse, the complaint, by leave of court, *206was amended so as to read as follows (omitting caption) :
“Plaintiff states that the defendant, by his servant and…
2Cases cited5 opinions
- Cousins v. Hannibal & St. Joseph R. R.Supreme Court of Missouri · 1877
- Baldwin v. WhitcombSupreme Court of Missouri · 1880
- City of St. Louis v. Laclede Gas Light Co.Supreme Court of Missouri · 1900
- St. Louis Southwestern Ry. Co. v. HarveyCourt of Appeals for the Eighth Circuit · 1906
- McCallister v. RossSupreme Court of Missouri · 1900
3Cited by29 opinions
- Fielder v. DavisonSupreme Court of Georgia · 1913
- Moon v. MatthewsSupreme Court of Pennsylvania · 1910
- Dowdell v. BeasleySupreme Court of Alabama · 1920
- Studebaker Bros. Co. v. KittsCourt of Appeals of Texas · 1912
- Penticost v. MasseySupreme Court of Alabama · 1917
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