Welsh v. City of St. Louis
Supreme Court of Missouri
Appeal from St. Louis Court of Appeals. This was an action against the city of St. Lonis and Gottlieb Eyerman to recover damages for injuries sustained by plaintiff in falling into an open sewer. Eyerman was constructing the sewer in Arsenal street, under a contract with the city. The evidence tended to show that he left the opening unguarded, and that plaintiff, passing at night, fell in and sustained the injuries complained of.
Read the full summary
Appeal from St. Louis Court of Appeals. This was an action against the city of St. Lonis and Gottlieb Eyerman to recover damages for injuries sustained by plaintiff in falling into an open sewer. Eyerman was constructing the sewer in Arsenal street, under a contract with the city. The evidence tended to show that he left the opening unguarded, and that plaintiff, passing at night, fell in and sustained the injuries complained of. There was a verdict and judgment for. plaintiff, and defendants appealed. Eyerman was not, and under the law and his contract could not be, the mere agent, servant…
1Opinion of the CourtSherwood, C. J.
The statute is imperative that the motion for a new trial shall be made within four days after the trial. 2 Wag. Stat., p. 1059, § 6. It does not appear in this case, either from the record proper or from the bill of exceptions, when that motion was filed. If not filed in time, the only thing the circuit court could do, even if believing error had been committed during the progress of the trial, was to deny the motion. And if the motion was denied in such circumstances, there was no error in such denial, notwithstanding error may have been committed while the trial was progressing. Eor aught…
2Cases cited5 opinions
- State v. RogersSupreme Court of Missouri · 1865
- Walter v. CathcartSupreme Court of Missouri · 1853
- Stewart v. SmallSupreme Court of Missouri · 1839
- Small v. HempsteadSupreme Court of Missouri · 1842
- Vaughn v. MontgomerySupreme Court of Missouri · 1839
3Cited by36 opinions
- State v. BrooksSupreme Court of Missouri · 1887
- Russell v. Inhabitants of ColumbiaSupreme Court of Missouri · 1881
- Benton v. City of St. LouisSupreme Court of Missouri · 1909
- Norton v. City of St. LouisSupreme Court of Missouri · 1888
- Boyd v. Kansas CitySupreme Court of Missouri · 1922
31 more not listed; retrieve them via the Exa API.