# McVicar v. WR Arthur & Company

> Supreme Court of Missouri · April 14, 1958 · 312 S.W.2d 805

URL: https://www.frixlaw.com/law-library/cases/9772497

## Case

- **Full name:** Robert McVICAR, Plaintiff-Appellant, v. W. R. ARTHUR & COMPANY, Inc., Defendant-Respondent
- **Court:** Supreme Court of Missouri
- **Decided:** April 14, 1958
- **Citations:** 312 S.W.2d 805; 65 A.L.R. 2d 785; 1958 Mo. LEXIS 743
- **Precedential status:** Published
- **Opinion:** Concurrence by Eager
- **Judges:** Elmo B. Hunter
- **Cited by:** 27 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9772497

## Opinion text

EAGER, Judge
(concurring in result only).
I feel that this case may be decided much more simply upon the question of plaintiff’s negligence; his negligence was pleaded by defendant, and the question is briefed here as one determinative of the case. This may, in my opinion, be properly adjudicated without the necessity of deciding: (a) whether plaintiff was a trespasser; or (b) whether defendant was negligent. It is my view that the plaintiff was negligent as a matter of law, and that his negligence was, in any event, either the sole cause of his injury or it was negligence directly contributing to the injury. In either event, it bars any recovery. It seems probable to me that the present opinion unnecessarily extends and expands the Missouri doctrine of liability to trespassers when such discussion is not necessary to a determination of this case.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9772497. Public record. Not legal advice.