Baker v. Gates
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Ron. Thomas B. Buchner, Judge. There is no liability on part of owner of premises for act of trespasser in possession and control. Shippey v. Kansas City, 254 Mo. 25; Pope v. Boyle, 98 Mo. 527; Grogan v. Foundry Co., 87 Mo. 321; Reinhardt v. Holmes, 143 Mo. App..212; Mayer v. Shrump, 111 Mo. App. 54; Gildersleeve v. Overstolz, 97 Mo. App. 303; Powell v. Kenaday, 95 Mo.
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Appeal from Jackson Circuit Court. — Ron. Thomas B. Buchner, Judge. There is no liability on part of owner of premises for act of trespasser in possession and control. Shippey v. Kansas City, 254 Mo. 25; Pope v. Boyle, 98 Mo. 527; Grogan v. Foundry Co., 87 Mo. 321; Reinhardt v. Holmes, 143 Mo. App..212; Mayer v. Shrump, 111 Mo. App. 54; Gildersleeve v. Overstolz, 97 Mo. App. 303; Powell v. Kenaday, 95 Mo. App. 713; Schmidt v. Cook, 23 N. Y. Supp. 799; Wolf v. Kilpatrick, 101 N. Y. 146. (1) The trial court has a discretion to grant one new trial, and the appellate court will not interfere with…
1Opinion of the CourtGoode, J.
This is an action for damages caused by a personal injury to plaintiff. At the conclusion of the evidence the court directed a verdict for the appellants, Marvin H. Gates and B. T. Whipple, as executors of the last will of Jemuel C. Gates, deceased; but after-*634wards entered an order sustaining plaintiff’s motion for new trial, without stating the reason for the order. The appeal was taken by said Marvin II. Gates and B. T. Whipple, as executors.
The case was begun against Jemuel C. Gates, Joseph M. Jones, receiver of the Spitcaufsky Construction Company, and John Spitcaufsky. Jemuel Gates died…
2Cases cited6 opinions
- Fish v. DodgeNew York Supreme Court · 1847
- Gilliland v. Chicago & Alton RailroadMissouri Court of Appeals · 1885
- Helwig v. JordanIndiana Supreme Court · 1876
- Ottomeyer v. PritchettSupreme Court of Missouri · 1903
- Fitzjohn v. St. Louis Transit Co.Supreme Court of Missouri · 1904
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3Cited by2 opinions
- Meloy v. City of Santa MonicaCalifornia Court of Appeal · 1932
- State Ex Rel. Missouri Pacific Railroad v. DanuserSupreme Court of Missouri · 1928