Phelan v. Granite Bituminous Paving Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court.—Hon. William B. Homer, Judge. (1) The demurrers to the evidence should have been sustained and the verdict is without substantial evidence to support it. First, on the theory, of negligent operation. The steam roller was lawfully on Laclede avenue and was a proper and necessary implement for the performance of defendant’s contract with the city.
Read the full summary
Appeal from St. Louis City Circuit Court.—Hon. William B. Homer, Judge. (1) The demurrers to the evidence should have been sustained and the verdict is without substantial evidence to support it. First, on the theory, of negligent operation. The steam roller was lawfully on Laclede avenue and was a proper and necessary implement for the performance of defendant’s contract with the city. Lane v. Lewiston, 91 Maine, 292; Oairncross v. Pewankee, 78 Wise. 66, 71; Dist. of Columbia v. Moulton, 182 U. S. 576, 581. It was no part of the duty of the engineer of the steam roller to be on the lookout…
1Opinion of the CourtAllen, J.
This is a suit for personal injuries alleged to have been sustained by plaintiff through the negligence of defendant’s servant. The case has had quite a career in the courts. Plaintiff was injured on October 3, 1904, and in the following year he obtained a judgment in the circuit court of the city of St. Louis. Upon the defendant’s appeal therefrom to this court, the judgment was reversed and the cause remanded for error appearing in an instruction. [See Phelan v. Granite Bituminous Paving Co., 115 Mo. App. 423, 91 S. W. 440.] Upon the second trial plaintiff again prevailed, and, the verdict…
2Cases cited13 opinions
- Bradley v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Missouri · 1897
- Oates v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1902
- Phelan v. Granite Bituminous Paving Co.Supreme Court of Missouri · 1910
- Garard v. Manufacturers' Coal & Coke Co.Supreme Court of Missouri · 1907
- Brown v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1901
8 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- McCombs v. EllsberrySupreme Court of Missouri · 1935