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5 Missouri opinions name it 2 courts 1932–1955 0 in the last five years
The cases below were cited by Missouri courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
| No positive-treatment citations attached to this issue in Missouri. | ||
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Missouri. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Banks v. Morris Company
green
2 sentences1955“The constructive facts of a cause of action under the Missouri humanitarian rule, classically stated in Banks v. Morris & Co., 302 Mo. 254, 267 , 257 S.W. 482, 484 , are as follows: “(1) Plaintiff was in a position of peril; (2) defendant had notice thereof (if it was the'duty‘ of defendant’to have’ been on the lookout, constructive notice suffices); (3) defendant after receiving such notice had the present ability, with the means at hand, to have averted the impending injury without injury to himself or others; (4) he failed to exercise ordinary care to' avert such impending injury; and (5) 1955“The constructive facts of a cause of action under the Missouri humanitarian rule, classically stated in Banks v. Morris & Co., 302 Mo. 254, 267 , 257 S.W. 482, 484 , are as follows: “(1) Plaintiff was in a position of peril; (2) defendant had notice thereof (if it was the'duty‘ of defendant’to have’ been on the lookout, constructive notice suffices); (3) defendant after receiving such notice had the present ability, with the means at hand, to have averted the impending injury without injury to himself or others; (4) he failed to exercise ordinary care to' avert such impending injury; and (5) | 3 | 1949–1955 |
Millhouser v. Kansas City Public Service Co.
green
2 sentences1955Millhouser v. Kansas City Public Service Co., 331 Mo. 933 , 55 S.W.2d 673 , loc. cit. 676. 1955Millhouser v. Kansas City Public Service Co., 331 Mo. 933 , 55 S.W.2d 673 , loc. cit. 676. | 1 | 1955–1955 |
Bobos Ex Rel. Enders v. Krey Packing Co.
green
2 sentences1932Louis Court of Appeals that the allegation and proof of a case under our humanitarian rule does not confer a right of recovery under the law of Illinois, but for reasons as follows: Under our humanitarian rule we hold as a matter of law that a failure to exercise ordinary care to avoid injury after the discovery of peril, or after it should have been discovered by the exercise of due care, is wantonness, willfulness and recklessness. [Everett v. Railroad, 214 Mo. 54 , l. c. 94, 112 S. W. 486 ; Bobos v. Krey Packing *915 Co., 317 Mo. 108 , l. c. 117, 118, 296 S. W. 157 .] The failure to exercis 1932Louis Court of Appeals that the allegation and proof of a case under our humanitarian rule does not confer a right of recovery under the law of Illinois, but for reasons as follows: Under our humanitarian rule we hold as a matter of law that a failure to exercise ordinary care to avoid injury after the discovery of peril, or after it should have been discovered by the exercise of due care, is wantonness, willfulness and recklessness. [Everett v. Railroad, 214 Mo. 54 , l. c. 94, 112 S. W. 486 ; Bobos v. Krey Packing *915 Co., 317 Mo. 108 , l. c. 117, 118, 296 S. W. 157 .] The failure to exercis | 1 | 1932–1932 |
Everett v. St. Louis & San Francisco Railroad
green
2 sentences1932Louis Court of Appeals that the allegation and proof of a case under our humanitarian rule does not confer a right of recovery under the law of Illinois, but for reasons as follows: Under our humanitarian rule we hold as a matter of law that a failure to exercise ordinary care to avoid injury after the discovery of peril, or after it should have been discovered by the exercise of due care, is wantonness, willfulness and recklessness. [Everett v. Railroad, 214 Mo. 54 , l. c. 94, 112 S. W. 486 ; Bobos v. Krey Packing *915 Co., 317 Mo. 108 , l. c. 117, 118, 296 S. W. 157 .] The failure to exercis 1932Louis Court of Appeals that the allegation and proof of a case under our humanitarian rule does not confer a right of recovery under the law of Illinois, but for reasons as follows: Under our humanitarian rule we hold as a matter of law that a failure to exercise ordinary care to avoid injury after the discovery of peril, or after it should have been discovered by the exercise of due care, is wantonness, willfulness and recklessness. [Everett v. Railroad, 214 Mo. 54 , l. c. 94, 112 S. W. 486 ; Bobos v. Krey Packing *915 Co., 317 Mo. 108 , l. c. 117, 118, 296 S. W. 157 .] The failure to exercis | 1 | 1932–1932 |