State ex rel. Long v. Ellison
Supreme Court of Missouri
Certiorari. (1) The respondent judges failed and refused to follow the last controlling decisions of this court. The conflict is between this decision and the decision of this court in Wojtylak v. Kansas & Texas Coal Co., 188 Mo. 260. And said instruction is in obvious and irreconcilable conflict with the decision in Hall v. Coal Company, 260 Mo. 369. The St. Lonis Court of Appeals has construed the foregoing decisions of this court by direct reference in the following cases…
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Certiorari. (1) The respondent judges failed and refused to follow the last controlling decisions of this court. The conflict is between this decision and the decision of this court in Wojtylak v. Kansas & Texas Coal Co., 188 Mo. 260. And said instruction is in obvious and irreconcilable conflict with the decision in Hall v. Coal Company, 260 Mo. 369. The St. Lonis Court of Appeals has construed the foregoing decisions of this court by direct reference in the following cases and such construction is in direct, obvious and irreconcilable conflict with the opinion of said respondent judges in…
1Opinion of the Court
GRAVES, C. J.:
Certiorari to the Kansas City Court of Appeals, by which it is sought to quash the record of that court 'in the case of Marguerita Clark, appellant, v. John C. Long, respondent. Long is a contractor and- builder in' Kansas City, Missouri, and Marguerita Clark is the widow of Frank Clark, deceased, who came to his death by being struck with' a piece of board, which fell from the roof of or scarffolding beside a certain dwelling house then being constructed by Long. The house was in the course of construction, and on the north side thereof were two ■ dormer windows. The sheeting…
2Cases cited13 opinions
- Glaser v. RothschildSupreme Court of Missouri · 1909
- Hall v. Manufacturers Coal & Coke Co.Supreme Court of Missouri · 1914
- Gay v. GillilantSupreme Court of Missouri · 1887
- State v. HerrellSupreme Court of Missouri · 1888
- Wojtylak v. Kansas & Texas Coal Co.Supreme Court of Missouri · 1905
8 more not listed; retrieve them via the Exa API.
3Cited by68 opinions
- Stith v. St. Louis Public Service Co.Supreme Court of Missouri · 1952
- State Ex Rel. St. Joseph Belt Railway Co. v. ShainSupreme Court of Missouri · 1937
- Wright v. OsbornSupreme Court of Missouri · 1947
- McDonald Ex Rel. Baber v. Kansas City Gas Co.Supreme Court of Missouri · 1933
- Johnson v. Flex-O-Lite Manufacturing CorporationSupreme Court of Missouri · 1958
63 more not listed; retrieve them via the Exa API.