Missouri Appeal Reports Volume 140

Missouri Appeal Reports Volume 140

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1910 edition. Excerpt: ... striking a buggy in which plaintiff was riding and throwing her to the pavement on Seventh street in the city of Joplin, judgment for plaintifi for $7 50, and defendant has appealed. Clover v. Railroad. The only error assigned by appellant is that the court erred in refusing to sustain a demurrer to the testimony; hence, if the evidence will sustain a verdict upon any theory of the law applicable thereto, the judgment must be affirmed, and, if not, the judgment must be reversed.. It is contended by appellant that the evidence conclusively shows that plaintifi was guilty of contributory negligence, and hence, she cannot recover. The responde'nt denies that plaintiff was guilty of contributory negligence and insists that even if she were, defendant is still liable under the humanitarian doctrine, that defendant's motorman either did or by the use of ordinary care upon his part could have discovered plaintiffs position of peril in time to have stopped the car and avoided the injury. The humanitarian doctrine is so well grounded in the jurisprudence of this State that it is not necessary to elaborate upon it or to cite authorities to sustain it. It is equally well settled that it is the duty of a court in passing upon a demurrer to the testimony to give the party the benefit of every reasonable inference that can be drawn from the testimony in his or her favor. Keeping this rule in view, and considering the testimony in this case in the light thereof, what do we find? We shall first look to the question of the application of the humanitarian doctrine to the facts of this case. The undisputed facts, as far as necessary to consider in determining whether or not this is a proper case for the application of the humanitarian doctrine, are...show more

Product details

  • Paperback | 270 pages
  • 189 x 246 x 14mm | 485g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236754468
  • 9781236754462