Fugler v. Bothe
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Daniel D. Eisiihr, Judge. (1) The trial court should have sustained the-motion to make the petition more definite and certain. The general allegations of negligence Were good only on demurrer or motion in arrest of judgment. But the-matters called for by this motion were essential to give a right of action, and should have been specifically stated on the request therefor by appellants.
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Appeal from the St. Louis City Circuit Court. — Hon. Daniel D. Eisiihr, Judge. (1) The trial court should have sustained the-motion to make the petition more definite and certain. The general allegations of negligence Were good only on demurrer or motion in arrest of judgment. But the-matters called for by this motion were essential to give a right of action, and should have been specifically stated on the request therefor by appellants. R. S. 1879, seo. 2057; Bliss on Code PI., sec. 425; Edwards n. Railroad.-, 74 Mo. 117. (2) The trial court erred in excluding the evidence to show that by…
1Opinion of the CourtBiggs, J.
Charles H. Eugler, the plaintiff’s deceased husband, was employed by the defendants in the construction of a building in the city of St. Louis. While in this employment, the deceased fell from the second story of the building to the first floor, thereby receiving injuries which resulted in his immediate death.
The petition, after alleging that the deceased was a carpenter by trade, averred that his death was caused by the negligence of the defendants by reason of their failure to provide a safe and proper place for him to perform the work required of him. The negligence thus complained of was…
2Cases cited20 opinions
- Buesching v. St. Louis Gaslight Co.Supreme Court of Missouri · 1880
- Huhn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Stephens v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1888
- Parsons v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Owens v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1888
15 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Millen v. Pacific Bridge Co.Oregon Supreme Court · 1908
- Musick v. Jacob Dold Packing Co.Missouri Court of Appeals · 1894
- Reichla v. GruensfelderMissouri Court of Appeals · 1892
- Halliburton v. Wabash RailroadMissouri Court of Appeals · 1894
- Berning v. MedartMissouri Court of Appeals · 1894
12 more not listed; retrieve them via the Exa API.