Merritt v. Kinloch Telephone Co.
Supreme Court of Missouri
Appeal from Audrain Circuit Court. — Eon. Jas. D. Barnett, Judge. (1) The defendant Kinloch Telephone Company’s demurrer should have been sustained. Plaintiff failed to prove any act of negligence charged against said defendant and relied upon for a recovery. Said defendant’s requested peremptory instruction should have been given, because said defendant’s undisputed evidence conclusively disproved any theory of liability for plaintiff’s injuries.
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Appeal from Audrain Circuit Court. — Eon. Jas. D. Barnett, Judge. (1) The defendant Kinloch Telephone Company’s demurrer should have been sustained. Plaintiff failed to prove any act of negligence charged against said defendant and relied upon for a recovery. Said defendant’s requested peremptory instruction should have been given, because said defendant’s undisputed evidence conclusively disproved any theory of liability for plaintiff’s injuries. Yarnell v. Railroad, 113 Mo. 5701; State v. Lackland, 136 Mo. 26; May v. Crawford, 150’ Mo. 504; Mockowik v. Railroad, 196 Mo. 550; Rodan v.…
1Opinion of the CourtGraves, J.
Plaintiff sues for personal injuries alleged to have been occasioned by a hole or depression in that portion of the street or sidewalk in the city of St. Louis at or near the northwest corner of Newstead avenue and Lucky street. Newstead avenue runs north and south and Lucky street east and west. Plaintiff, as alleged, was -walking north on the west side of Newstead avenue. At or near this corner the defendant Kinloch Telephone Company had a telephone pole, which it desired to remove and replace with a new and different one. Before doing’ so, it obtained, upon proper application, a written…
2Cases cited3 opinions
- Roscoe v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1907
- State v. BabbSupreme Court of Missouri · 1882
- Greenwell v. CrowSupreme Court of Missouri · 1881
3Cited by10 opinions
- Brawley v. EsterlySupreme Court of Missouri · 1954
- State v. BurchettSupreme Court of Missouri · 1957
- Brown v. Kroger CompanyMissouri Court of Appeals · 1962
- Kinloch Telephone Co. v. City of St. LouisSupreme Court of Missouri · 1916
- Buttron v. BridellSupreme Court of Missouri · 1910
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