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401 S.W.2d 438

Hill v. Hill

Supreme Court of Missouri

Decided March 14, 1966

Supreme Court of Missouri · decided 1966-03-14

Decided 1966-03-14

WELBORN, Commissioner.

¶1I concur in result. I believe that a sub-missible case was made of negligently driving over a roadway containing large holes at a speed that was excessive under the circumstances. I find no basis for the conclusion that a submissible case was made on the grounds that defendant failed to drive his automobile so as to avoid the holes and drove his automobile into said holes. I find nothing in the facts as stated to support the conclusion that there was an available route whereby the holes could have been avoided.

¶2In my opinion this is a case involving specific negligence although only general negligence is pleaded. I see no reason to discuss the possibility of application of the res ipsa loquitur doctrine.

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