Carruthers v. City of St. Louis

* NOTE: Opinion filed at May Term, 1937, July 30, 1937; motion for rehearing filed; motion overruled at September Term, December 14, 1937. This case, recently reassigned to the writer, is an action for damages for personal injuries. Plaintiff had a verdict for $13,000 against defendant city. Plaintiff took an involuntary nonsuit as to the other defendant, but has not appealed from the judgment of dismissal. Defendant city has appealed from the judgment entered on the verdict.

The city assigns as error the overruling of its demurrer to the evidence at the close of the case. Plaintiff was…