O'Hara v. Laclede Gas Light Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Noil James E. Withrow, Judge. The court erred in refusing to give the peremptory instruction asked by appellant at the close of all the evidence.
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Appeal from St. Louis City Circuit Court. — Noil James E. Withrow, Judge. The court erred in refusing to give the peremptory instruction asked by appellant at the close of all the evidence. Ege v. Brick & Construction Co., 118 Mo. 630; Fink v. Furnace Co., 82 Mo. 276; Morgan v. Bowman, 22 Mo. 538; Crenshaw v. Ullman, 113 Mo. 633; Independence v. Slack, 134 Mo. 66; Blumb v. Kansas City, 84 Mo. 112; Dillon v. Hunt, 82 Mo. 150; Gerd.es v. Christopher & Simpson, 124 Mo. 347. Statement. — The action is to recover damages for the death of plaintiff’s minor son, Francis Desmond O’Hara, alleged to…
1Opinion of the CourtBland, P. J.
(after stating the facts). — 1. The agreement for hauling the pipes, entered into between the Laclede Gas Light Company and the Uffman Coal & Teaming Company, is as follows:
“Agreement entered into this twenty-second day of April, 1903, by and between the Uffman Coal and Teaming Company, party of the first part, and the *433Laclede Gas Light Company, party of the second part, both of St. Louis, Mo. Witnesseth:
“1st. The party of the first part hereby agrees to haul such quantities of cast-iron gaspipe from cars to streets or lots designated by the party of the second part or from storage lots to…
2Cases cited27 opinions
- Clark's v. HannibalSupreme Court of Missouri · 1865
- Russell v. Inhabitants of ColumbiaSupreme Court of Missouri · 1881
- Nagel v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1882
- Wiggin v. St. LouisSupreme Court of Missouri · 1896
- Pettengill v. . City of YonkersNew York Court of Appeals · 1889
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3Cited by3 opinions
- Adams v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1910
- Dawson v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1911
- Hall ex rel. Hall v. Missouri & Kansas Telephone Co.Missouri Court of Appeals · 1910