Crocker v. Jett
Decision Date | 07 April 1936 |
Docket Number | No. 23418.,23418. |
Citation | 93 S.W.2d 74 |
Parties | CROCKER v. JETT. |
Court | Missouri Court of Appeals |
Appeal from Circuit Court, Ste. Gene vieve County; Taylor Smith, Judge.
"Not to be published in State Reports."
Action by Pearl Crocker against Ray Jett. Judgment for the plaintiff, and defendant appeals.
Reversed and remanded.
W. A. Brookshire, of Farmington, for appellant.
J. Arthur Francis, of Ironton, and Arthur T. Brewster, of Pevely, for respondent.
SUTTON, Commissioner.
This is an action to recover damages for injuries alleged to have been sustained by plaintiff in being thrown from the running board of the defendant's automobile. Plaintiff charges in her petition that, while she was standing on the running board of defendant's automobile, he suddenly started the automobile forward, and she was thereby thrown from the running board and so sustained the injuries for which she sues.
The trial, with a jury, resulted in a verdict and judgment for plaintiff for $5,000, and defendant appeals.
At the time of the alleged accident, in which plaintiff claims she was injured, and prior thereto, her husband, Arnold Crocker, was in the employ of the state highway department as a maintenance man. Defendant was at that time employed by the highway department as district foreman; his district consisting of Iron county and St. Francois county. Plaintiff's husband was working under the defendant. There was a maintenance shed at Arcadia belonging to the highway department, located on an old highway just west of state highway 21, which runs north and south. This old highway, which was formerly a part of highway 21, is about 550 feet in length. It runs southwest about 200 feet and thence southeast about 350 feet, and both at its beginning and termination intersects highway 21 on the west. The distance along highway 21 between the two intersections is about 450 feet. The maintenance shed is located on the west side of that part of the old highway which runs southwest. The distance from highway 21 southwest along the old highway to the shed is about 150 feet. The old highway is about 40 feet wide, and has a gravel surface. The maintenance shed fronts south. It was on that part of the old highway which runs southwest from highway 21 to the shed that the alleged accident in which plaintiff claims she was injured occurred.
On the occasion in question, defendant, and plaintiff's husband, who was being transferred, as an employee of the highway department, from Arcadia to Caledonia, were at the maintenance shed checking up the tools in preparation for the transfer. Plaintiff was also there. She was disgruntled because of the transfer. She drove to the place in her car, and parked it somewhere between highway 21 and the maintenance shed on the north shoulder of the old highway, headed southwest towards the shed. Defendant's car was parked south of the shed, headed west. After the tools had been checked over, defendant and plaintiff's husband got into defendant's car to drive to Caledonia. Defendant turned his car around and drove over the old highway northeast toward highway 21.
Plaintiff testified as follows:
Arnold Crocker testified for plaintiff as follows:
Defendant testified as follows: ...
To continue reading
Request your trial-
City of Clayton v. Nemours
...v. Henson, 326 Mo. 282, 30 S.W.2d 1065; City of Clayton v. Nemours, 164 S.W.2d 935; Nemours v. City of Clayton, 175 S.W.2d 60; Crocker v. Jett, 93 S.W.2d 75; Commonwealth Gammons, 23 Pick. 201; Crossler v. Safe-Way Stores, 6 P.2d 151; Public Utilities v. Jones, 179 P. 745; Gruelich v. Payne......
-
Bush v. Kansas City Public Service Co.
... ... thoroughfare for vehicles. R. S. Mo. 1939, secs. 8367, 8383; ... Phillips v. Henson, 326 Mo. 282; Crocker v ... Jett, 93 S.W.2d 74; Alexander v. Barnes Grocery ... Co., 223 Mo.App. 1; McLarney v. Cary, 98 S.W.2d ... 144; Ward v. City of ... ...
-
City of Clayton v. Nemours
...326 Mo. 282, 30 S.W. (2d) 1065; City of Clayton v. Nemours, 164 S.W. (2d) 935; Nemours v. City of Clayton, 175 S.W. (2d) 60; Crocker v. Jett, 93 S.W. (2d) 75; Commonwealth v. Gammons, 23 Pick. 201; Crossler v. Safe-Way Stores, 6 Pac. (2d) 151; Public Utilities v. Jones, 179 Pac. 745; Grueli......
-
State v. Barlett, 8410
...itself applies speed limits to highways. It does not affect the use of private property not used as public roads. See Crocker v. Jett, Mo.App., 93 S.W.2d 74, 76; Eoff v. Senter, Mo.App., 317 S.W.2d 666, 671. Where the act is criminal only when done at a particular place, such place becomes ......