Ward v. Andrews
Missouri Court of Appeals
Error to St. Louis Circuit Court. cited: 1 Chitty’s PI. 403 ; Hess v. Sup ton, 7 Ohio, 216 ; Pye v. Butter, 7 Mo. 548 ; Common Pleas Sargent, Wright (O.), 482; Simon v. Stevenson, 36 111. 49 ; Beach v. Bay State Co., 30Barb. 433; Add. on Torts, Dudley & Bailey’s ed. 22, 23, notes; Boland v. Missouri B. B. Co., 36 Mo. 484; Biddle v. Boyce, 13 Mo. 532; Sturdevant v. Eehare, 60 Mo. 152 ; Callahan v. Warne, 40 Mo. 131; Charles v. Banldn, 22 Mo. 566; Busby v. Holt-ham, 46 Mo. 161.
1Opinion of the CourtHayden, J.
This was an action grounded on the alleged negligence of the defendants in removing the dirt and natural support of a house, a part of which was held by the plaintiff under lease; that the house gave way and sank, the plaintiff’s rooms became untenantable, and his furniture in the rooms damaged. The plaintiff was nonsuited, and whether he was properly nonsuited depends on the correspondence between the allegations of his petition and the evidence adduced to support them. The petition alleges that the plaintiff was carrying on the business of renting the rooms ; that the defendants, who were…
2Cases cited3 opinions
- Charless v. RankinSupreme Court of Missouri · 1856
- Holman v. Chicago, Rock IsLand & Pacific RailroadSupreme Court of Missouri · 1876
- Busby v. HolthausSupreme Court of Missouri · 1870
3Cited by2 opinions
- Horowitz v. BlayMichigan Supreme Court · 1916
- Lynch v. St. Louis Transit Co.Missouri Court of Appeals · 1903