Troll v. St. Louis Portland Cement Co.
Missouri Court of Appeals
Appeal from St. Loiiis City Circuit Court. — Hon. Robert M. Foster, Judge. (1) The court erred in overruling the defendant’s demurrer to the evidence. Harper v. Railroad, 187 Mo. 575; Herbert v. Perry Co., 107 Mo. App. 287; Banks v. Railroad, 40 Mo. App. 458; Waller v. Railroad, 59 Mo. App. 410; Kappes v. Shoe Co., 116 Mo.
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Appeal from St. Loiiis City Circuit Court. — Hon. Robert M. Foster, Judge. (1) The court erred in overruling the defendant’s demurrer to the evidence. Harper v. Railroad, 187 Mo. 575; Herbert v. Perry Co., 107 Mo. App. 287; Banks v. Railroad, 40 Mo. App. 458; Waller v. Railroad, 59 Mo. App. 410; Kappes v. Shoe Co., 116 Mo. App. 154; Henry v. Railroad, 76 Mo. 293; Haley v. St.' Louis, 179 Mo. 35; Railroad v. Kellog, 94 U. S. 469. (2) The court erred in giving an improper instruction at the request of the plaintiff. The vice of this instruction is the use of the expression, “and thereby…
1Opinion of the Court
NORTONI, J. —
This is a suit for damages accrued to plaintiff’s intestate on account of personal injuries received by him through the alleged negligence of defendant. The verdict and judgment were for plaintiff in the circuit court and defendant prosecuted the appeal. Since the appeal was perfected, plaintiff in the action departed this life, and the suit has been revived and now proceeds in the name of Mr. Troll, his administrator.
Defendant, incorporated, is a manufacturer of cement, and owned and maintained a large building in St. Louis county which it employed in its business. Above this…
2Cases cited7 opinions
- Bassett v. City of St. JosephSupreme Court of Missouri · 1873
- Brennan v. City of St. LouisSupreme Court of Missouri · 1887
- Miller v. United Railways Co.Missouri Court of Appeals · 1911
- Hull v. City of KansasSupreme Court of Missouri · 1874
- Schmidt v. St. Louis Transit Co.Missouri Court of Appeals · 1909
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Wallace v. Portland Railway, Light & Power Co.Oregon Supreme Court · 1922