Hartman v. Muehlebach
Missouri Court of Appeals
Appeal from the Jackson Circuit Cowt. — Hon. John W. Henry, Judge. (1) The admission of the deposition of F. W. Ihne, who witnessed nothing, never was in the business of pitching barrels, was unable to designate, intelligently, a single gas generated by the ignition of pitch, and condemned himself as an ignoramus and charletan, by his own testimony, before every ordinary intelligence, was error. First.
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Appeal from the Jackson Circuit Cowt. — Hon. John W. Henry, Judge. (1) The admission of the deposition of F. W. Ihne, who witnessed nothing, never was in the business of pitching barrels, was unable to designate, intelligently, a single gas generated by the ignition of pitch, and condemned himself as an ignoramus and charletan, by his own testimony, before every ordinary intelligence, was error. First. If igniting pitch produces a dangerously explosive gas, the description and proportions of that gas are facts. To such facts he does not testify. Gaslight Co. v. O’Brien, 118 111. 174; Clark v.…
1Opinion of the CourtSmith, P. J.
This is an action to recover damages for personal injuries. The petition contained two counts, in the first of which the actionable facts on which plaintiff relied for a recovery were stated to be, that the defendant was the owner and occupier of a certain 'brewery building in Kansas City and that the plaintiff, while lawfully in said building, was invited by defendant to go back in said building and witness certain work then and there being done by defendant’s servants, known as '‘pitching barrels;” that a part of said work consisted in igniting the pitch inside of said barrels; .that when…
2Cases cited19 opinions
- Garretzen v. DuenckelSupreme Court of Missouri · 1872
- Snyder v. Han. & St. Jos. R. R.Supreme Court of Missouri · 1875
- Frick v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1882
- Clark v. HammerleSupreme Court of Missouri · 1858
- Cousins v. Hannibal & St. Joseph R. R.Supreme Court of Missouri · 1877
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3Cited by11 opinions
- Meily v. St. Louis & San Franoisco RailroadSupreme Court of Missouri · 1908
- Miller v. George B. Peck Dry Goods Co.Missouri Court of Appeals · 1904
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- Meade v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1896
- Keao Kahumuhumu Kamahalo v. CoelhoHawaii Supreme Court · 1919
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