Voelker v. Hill-O'Meara Construction Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Hugo Muench, Judge. (1) There was no evidence to sustain the verdict. Stepp v. Railroad, 85 Mo. 229; Brown v. Railroad, 20 Mo. App. 222; Christy v. Hughes, 24 Mo. App. 275; Saxton v. Railroad, 98 Mo. App. 494. (2) The instructions given by the court as to the measure of damages are erroneous. Coleman v. Land Co., 105 Mo. App. 254; McGowan v. Ore & Steel Co., 109 Mo. 518. (1) There was plenty of evidence to sustain the verdict.
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Appeal from St. Louis City Circuit Court. — Hon. Hugo Muench, Judge. (1) There was no evidence to sustain the verdict. Stepp v. Railroad, 85 Mo. 229; Brown v. Railroad, 20 Mo. App. 222; Christy v. Hughes, 24 Mo. App. 275; Saxton v. Railroad, 98 Mo. App. 494. (2) The instructions given by the court as to the measure of damages are erroneous. Coleman v. Land Co., 105 Mo. App. 254; McGowan v. Ore & Steel Co., 109 Mo. 518. (1) There was plenty of evidence to sustain the verdict. Buesching v. St. Louis Gas Light .Co., 73 Mo. 219; McKenzie v. Railroad, 216 Mo. 22; Youngue v. Railroad, 133 Mo. App.…
1Opinion of the CourtCaulfield, J.
(after stating the facts). — 1. Appellant first contends that there was no evidence to sustain the verdict. There was ample evidence to justify the jury in finding that the defendant’s duty of guarding the excavation and maintaining warning lights was broken. But it is insisted the evidence failed to show any causal relation between the negligence thus properly found and the injury which- resulted in the *8death of plaintiff’s husband. It is true, as asserted by defendant’s counsel, that plaintiff was bound to prove not only the negligence, but that her husband met his death by reason thereof,…
2Cases cited25 opinions
- Buesching v. St. Louis Gaslight Co.Supreme Court of Missouri · 1880
- Browning v. Wabash Western Railway Co.Supreme Court of Missouri · 1894
- Parsons v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Settle v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1895
- Barth v. Kansas City Elevated Railway Co.Supreme Court of Missouri · 1898
20 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Mishoe v. Atlantic Coast Line R. Co.Supreme Court of South Carolina · 1938
- Fellows v. FarmerMissouri Court of Appeals · 1964
- St. Charles Savings Bank v. DenkeeSupreme Court of Missouri · 1918
- Burton v. Kansas CityMissouri Court of Appeals · 1914
- Flenner v. Southwest Missouri RailroadMissouri Court of Appeals · 1926
3 more not listed; retrieve them via the Exa API.