Magill v. Boatmen's Bank
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court.— Eon. Frank Landwehr, Judge. (1) The building was not a hotel or a dormitory, but was a “club house,” for which the number of fire escapes should be determined by the Building Commissioner of the City of St. Louis. Hence the plaintiff in resting her action upon the theory that the building was a hotel or dormitory, proceeded upon the wrong theory and was not entitled to go to the jury.
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Appeal from St. Louis City Circuit Court.— Eon. Frank Landwehr, Judge. (1) The building was not a hotel or a dormitory, but was a “club house,” for which the number of fire escapes should be determined by the Building Commissioner of the City of St. Louis. Hence the plaintiff in resting her action upon the theory that the building was a hotel or dormitory, proceeded upon the wrong theory and was not entitled to go to the jury. R. S. 1909, secs. 10666, 10667, 10668; Metzler v. Terminal Hotel Co., 135 Mo. App. 410; 4 Words & Phrases, p. 3349; 2 Words & Phrases. (Second Series), p. 213;…
1Opinion of the Court
MOZLEY, C.
This action is one for damages which was brought against defendant in the Circuit Court of the City of St. Louis, Missouri, on January 15, 1918.
Plaintiff claims to have been injured in a fire which destroyed the Missouri Atheletic Club located in the Boatmen’s Bank Building in said city. The fire occured the night of March 9, 1914, according to the testimony.
Plaintiff’s husband was manager of said Club and she resided with him at that place. Plaintiff escaped with her life, but in a seriously injured condition, which will be referred to later.
The building was seven stories in…
2Cases cited5 opinions
- Insurance Co. v. MosleySupreme Court of the United States · 1869
- Holloway v. Kansas CitySupreme Court of Missouri · 1904
- Randolph v. Quincy, Omaha & Kansas City RailroadMissouri Court of Appeals · 1908
- Newell v. Boatmans BankSupreme Court of Missouri · 1919
- Ranus ex rel. Winterman v. Boatmen's BankSupreme Court of Missouri · 1919
3Cited by18 opinions
- Berry v. Kansas City Public Service Co.Supreme Court of Missouri · 1938
- Schears v. Missouri Pacific Railroad CompanySupreme Court of Missouri · 1962
- Oesterle v. Kroger Grocery & Baking Co.Supreme Court of Missouri · 1940
- Krug v. Mutual Ben. Health & Accident Ass'nCourt of Appeals for the Eighth Circuit · 1941
- Garrison v. Campbell "66" Express, Inc.Missouri Court of Appeals · 1956
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