Mount v. Naert
| Decision Date | 31 July 1923 |
| Docket Number | No. 23502.,23502. |
| Citation | 253 S.W. 966 |
| Parties | MOUNT v. NAERT et al. |
| Court | Missouri Supreme Court |
Appeal from St. Louis Circuit Court; Franklin Ferriss, Judge.
Action by Ruth Mount against Emil H. Naert and others. From an order granting an involuntary nonsuit, plaintiff appeals. Armed.
Jos. T. Davis, of St. Louis, for appellant. Edward W. Foristel and C. Mudd, both of St. Louis, for respondents.
Statement.
The plaintiff brought this suit against the defendants in the circuit court of the city of St. Louis, to recover $10,000 damages for personal injuries sustained through the alleged negligence of the defendants in using, operating, and running an automobile so as to collide with and strike the plaintiff and inflict the injuries complained of.
The pleadings are unassailable, so we will devote no further attention to them. The trial resulted in the plaintiff taking an involuntary nonsuit, and, alter moving unsuccessfully for a new trial, timely and in doe form, appealed the cause to this court.
The plaintiff's evidence in its strongest sense tended to show that Alphonse and Emil Naert were father and son; that the father had a family consisting of a wife and seven children, all living at the home of the father; that the father purchased and owned an automobile, and kept it at home, in his garage, and paid the taxes and all repairs on the same; that any and all of the members of the family who knew how to drive the car did so, with the father's acquiescence, if not consent whenever they saw proper, for their own business or pleasure ; that on the night of the injury the son took two of his sisters to a dance in the southern part of the city of St. Louis, and used the automobile, with the father's consent, for that purpose; that the car was out of repair, and on that account and on account of the son's negligence in driving the same, on a rather dark night, ran the car against the plaintiff and injured her.
There was no evidence that the son was the agent of the father, or that he was transacting the business of the father, except it may be inferred from the facts before stated.
Opinion.Upon this state of the record the trial court nonsuited the plaintiff, and in so doing counsel for appellant contends the court committed reversible error.
We had this identical question before us quite recently in the case of Hays v. Hogan, 273 Mo. 1, 200 S. W. 286, L. R. A. 1918C, 715, Ann. Cas. 1918E, 1127, and there, after a most...
To continue reading
Request your trial
-
Hampe v. Versen
...family and himself when used by the wife on a social mission of her own. Hays v. Hogan, 273 Mo. 1; Drake v. Rowan, 272 S.W. 101; Mount v. Narret, 253 S.W. 966; Norton Hines, 245 S.W. 346; Bright v. Thacher, 215 S.W. 788; Buskie v. Januchowsky, 218 S.W. 696; Oster v. Railroad, 256 S.W. 826. ......
- Sigler v. Inter-River Drainage District
-
Anderson v. Interriver Drainage and Levee District
...Lamar v. Bolivar Special Rd. Dist., 201 S.W. 890; Cochran v. Wilson, 287 Mo. 210; D'Arcourt v. Little River Drain. Dist., 245 S.W. 394, 253 S.W. 966; Schwepker v. Little River Dist., 245 S.W. 400, 253 S.W. 968; Hausgen v. Elsberry District, 245 S.W. 401, 250 S.W. 905. (7) The defendant has ......
-
Drake v. Rowan
...275; Oster v. Chicago & A. R. Co., 256 S.W. 826; Kilcoyne v. Metz, 258 S.W. 4; Stoeckle v. St. Louis & H. R. Co., 258 S.W. 58; Mount v. Naert, 253 S.W. 966. Taylor R. Young for respondent. Marsalek & Stahlhuth of Counsel. Defendant's statement that he would see that the bill for the damage ......