[DOWNLOAD] "Melvin Merritt v. J. J. Mantony" by Supreme Court of Missouri Division 2 ~ Book PDF Kindle ePub Free
eBook details
- Title: Melvin Merritt v. J. J. Mantony
- Author : Supreme Court of Missouri Division 2
- Release Date : January 08, 1962
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
In this rear end collision case, wherein plaintiff sought damages in the amount of $35,000, the jury returned a verdict for
defendant and plaintiff has appealed from the ensuing judgment. Plaintiff was a passenger in a Cadillac automobile which was being driven north on Troost Avenue in Kansas City, Missouri.
A short distance north of 59th Street the operator of the Cadillac stopped because of traffic conditions, and while stopped
his automobile was struck in the rear by a Ford station wagon being operated by the defendant. It may be assumed that the
collision resulted from defendant's negligence. Defendant practically admits this in his testimony. Certainly the jury could
so find. At the trial defendant contended that plaintiff was not injured as the result of the collision. Although the burden
was on plaintiff to prove he was injured, and not on the defendant to establish that he was not, it may be said that defendant
presented evidence which, if believed, would authorize a finding by the jury that plaintiff was not injured, and this issue
was directly submitted to the jury by defendant's converse instruction about which there is no complaint on this appeal. On
the other hand, plaintiff's evidence, if believed, would authorize a finding of substantial injuries, and this issue was submitted
in plaintiff's verdict directing instruction.