Tockstein v. Bimmerle
Missouri Court of Appeals
Appeal from St. Louis City Circuit, Court. — Hon. Hugo Muench, Judge. (1) The petition was insufficient, and evidence thereunder should not have been admitted. It failed to state that the wire guard was dangerous; that the same was wrongfully or improperly constructed, save that it states the same were “near to and on” the sidewalk, which is so inconsistent as to render the two conditions at the same time a physical impossibility.
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Appeal from St. Louis City Circuit, Court. — Hon. Hugo Muench, Judge. (1) The petition was insufficient, and evidence thereunder should not have been admitted. It failed to state that the wire guard was dangerous; that the same was wrongfully or improperly constructed, save that it states the same were “near to and on” the sidewalk, which is so inconsistent as to render the two conditions at the same time a physical impossibility. Baustian v. Young, 152 Mo. 317; Norton v. City of St. Louis, 97 Mo. 537; St. Louis v. Ins. Co., 107 Mo. 92. (2) The court should have given the instruction at the…
1Opinion of the CourtNortoni, J.
This is a suit for damages alleged to have accrued on account of defendant’s negligence in maintaining a defective fence adjacent to the highAvay. Plaintiff recovered and defendant prosecutes the appeal.
The action originated in a justice’s court and a recovery of tAventy dollars is sought as damages to plaintiff’s skirt which AAras caught and torn on a Avire protruding from defendant’s fence over the granitoid sidewalk.
The hrst argument for a reversal of the judgment is to the effect that the statement of .the cause of action is insufficient to support the judgment. After formal matters, the…
2Cases cited15 opinions
- Buesching v. St. Louis Gaslight Co.Supreme Court of Missouri · 1880
- Smith v. City of St. JosephSupreme Court of Missouri · 1870
- Iba v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1870
- Thomasson v. Mercantile Town Mutual InsuranceSupreme Court of Missouri · 1909
- Thomasson v. Mercantile Town Mutual InsuranceMissouri Court of Appeals · 1905
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3Cited by2 opinions
- Gottschall v. GeigerMissouri Court of Appeals · 1921
- Lang v. J. C. Nichols Investment Co.Missouri Court of Appeals · 1933