Home/Supreme Court of Missouri/Wilson v. Toliver

Wilson v. Toliver

305 S.W.2d 423, 1957 Mo. LEXIS 669
CourtSupreme Court of Missouri
DecidedSeptember 9, 1957
Docket45897
StatusPublished
Cited by31 cases

This text of 305 S.W.2d 423 (Wilson v. Toliver) is published on Counsel Stack Legal Research, covering Supreme Court of Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wilson v. Toliver, 305 S.W.2d 423, 1957 Mo. LEXIS 669 (Mo. 1957).

Opinion

STORCKMAN, Judge.

This is the second appeal in a suit for damages growing out of the collision of two automobiles. At the first trial the plaintiff and the defendant each submitted issues of primary negligence as well as humanitarian negligence. The jury found against the plaintiff on her cause of action and in favor of the defendant in the sum of $16,000 on his counterclaim. The plaintiff appealed and this court held that plaintiff’s decedent and the defendant were both guilty of contributory negligence as a matter of law and that the submissions of primary negligence should have been refused. We further held that the defendant made a submissible humanitarian case on his counterclaim. The cause was reversed and remanded for a new trial. See Wilson v. Toliver, Mo., 285 S.W.2d 575.

Upon the second trial, both the plaintiff’s cause of action and defendant’s counter *425 claim were submitted solely under the humanitarian doctrine. The jury found in favor of each of the parties and awarded the plaintiff $2,106.03 which was reduced by remittitur to $1,100. The verdict for the defendant was in the sum of $15,000. Both parties have appealed.

The accident occurred on July 20, 1952, approximately one-half mile east of Lewis-town, Missouri, at the intersection of Missouri highways numbers 6 and 16. Each of the parties introduced in evidence without objection a plat or diagram of the intersection. These exhibits, Plaintiff’s Exhibit A and Defendant’s Exhibit 1, complement each other and in the interest of clarity and a better comprehension of the physical facts they are reproduced herewith as a part of this .opinion.

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Bluebook (online)
305 S.W.2d 423, 1957 Mo. LEXIS 669, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wilson-v-toliver-mo-1957.