(DOWNLOAD) "Eunice M. Robinson v. Carl Gaines" by Supreme Court of Missouri Division 2 * eBook PDF Kindle ePub Free
eBook details
- Title: Eunice M. Robinson v. Carl Gaines
- Author : Supreme Court of Missouri Division 2
- Release Date : January 08, 1960
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
Eunice M. Robinson instituted this action in the Circuit Court of Stoddard County, Missouri, against Carl Gaines, administrator
of the estate of Clarence O. Robinson, deceased, for $25,000 damages for injuries received July 13, 1957, in an automobile
accident in the State of New Mexico. Eunice M. is the widow of said Clarence O., who lost his life in the accident. Their
domicile was Stoddard County, Missouri. They were riding with and as guests of Delbert L. Crane, their son-in-law, in his
1957 Buick sedan, which Mr. Robinson was driving at the time. Plaintiff's petition is in two counts. Count I is based on the
New Mexico Guest Statute (§ 64-24-1, N.M.S.A. 1953 - § 68-1001, N.M. Comp. 1941), alleging that plaintiff's
injuries were caused by her husband's operating said automobile in reckless disregard of her rights and safety. Count II,
evidently in the alternative, is based on ordinary negligence. The specific charges of negligence need not be detailed. The
trial court sustained defendant's motion to dismiss plaintiff's petition, and plaintiff has appealed from the ensuing judgment. This review involves the law of inter-spousal liability for a personal tort; and plaintiff states: "The only question really
presented in this appeal is whether or not appellant, a resident of Missouri, can sue the administrator of her deceased husband's
estate in Missouri for injuries she sustained as a result of his negligent acts in the State of New Mexico, while she was
riding in an automobile being driven by him. This question has not been passed upon by the appellate court of New Mexico."
 "Eunice M. Robinson v. Carl Gaines" by Supreme Court of Missouri Division 2 * eBook PDF Kindle ePub Free){kind=link}