Forsythe v. Shryack-Thom Grocery Co.
Supreme Court of Missouri
Appeal from Adair Circuit Court. — Hon. Charles D. Stewart, Judge. (1) The instructions are conflicting. Russell v. Poor, 133 Mo. App. 729; Butz v. Const Co., 137 Mo. App. 228. (2) Defendant’s Instruction 5 is erroneous. If MeGrew, the owner of the building, directed plaintiff to make repairs in a certain way or that could only be made in a certain way he was rightfully on the premises when acting on that direction, even “without the invitation or request of defendant.”
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Appeal from Adair Circuit Court. — Hon. Charles D. Stewart, Judge. (1) The instructions are conflicting. Russell v. Poor, 133 Mo. App. 729; Butz v. Const Co., 137 Mo. App. 228. (2) Defendant’s Instruction 5 is erroneous. If MeGrew, the owner of the building, directed plaintiff to make repairs in a certain way or that could only be made in a certain way he was rightfully on the premises when acting on that direction, even “without the invitation or request of defendant.” (1) The petition does not state facts sufficient to constitute an action. It in substance, alleges that plaintiff, with the…
1Opinion of the Court
This case was certified here by the Kansas City Court of Appeals, on the ground that its opinion is in conflict with those of the Springfield Court of Appeals in State v. Bailey, 181 S.W. 605, and Planters Bank v. Phillips, 186 S.W. 752, in regard to time for filing bill of exceptions.
The petition, as set out in appellant's abstract, states, in substance, that defendant was in possession and control of a two-story brick building in Kirksville, Missouri, carrying on in said building a wholesale grocery business, under the name of "Shryack-Thom Grocery Co.;" that there was a hatchway or…
2Cases cited10 opinions
- Menteer v. Scalzo Fruit Co.Supreme Court of Missouri · 1912
- Hall v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1909
- Carr v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1906
- Shaw v. GoldmanMissouri Court of Appeals · 1906
- Wencker v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1902
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Pafford v. . Construction Co.Supreme Court of North Carolina · 1940
- Pafford v. J. A. Jones Construction Co.Supreme Court of North Carolina · 1940
- Stevenson v. Kansas City Southern Ry. Co.Supreme Court of Missouri · 1941
- Swanson v. GodwinSupreme Court of Missouri · 1959
- Oatman Ex Rel. Oatman v. St. Louis-Southwestern Railway Co.Supreme Court of Missouri · 1924
3 more not listed; retrieve them via the Exa API.