Gallagher v. Edison Illuminating Co.
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Hoeatio D. Wood, Judge. In actions for negligence it is the duty of the court trying the case to confine the jury, by its instructions, to the consideration of the specific grounds of negligence alleged in the petition. Jacquin v. Galle Co., 57 Mo. App. 331; Bavenscraft v. B. B., 27 Id. 617; Gurley v. B. B., 93 Mo. 445; WaldMer v. B. B., 71 Id. 514. The rule res ipsa loquitur has no application in this case.
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Appeal from the St. Louis City Circuit Court. — Hon. Hoeatio D. Wood, Judge. In actions for negligence it is the duty of the court trying the case to confine the jury, by its instructions, to the consideration of the specific grounds of negligence alleged in the petition. Jacquin v. Galle Co., 57 Mo. App. 331; Bavenscraft v. B. B., 27 Id. 617; Gurley v. B. B., 93 Mo. 445; WaldMer v. B. B., 71 Id. 514. The rule res ipsa loquitur has no application in this case. Brennan v. Gordon, 3 N. Y. 604; Thomp. on Neg., sec. 1231. See, also, Turner v. Haar, 114 Mo. 335; Davis v. B. B., 89 Id. 346; B. B.…
1Opinion of the CourtBond, J.
Plaintiff is the driver of a delivery wagon. While so engaged, on the third of December, 1895, he heard a sizzing noise and was struck upon the head and rendered unconscious by the fall of an arc *578lamp pendant over the middle of Tenth, and Market streets in this city. The evidence tends to show that his nervous system was severely shocked, and he was otherwise injured, to recover for which he instituted this action before a justice, where he had judgment, and again recovered upon defendant’s appeal to the circuit court. Defendant appeals to this court.
DdenleTSdemm-The first error assigned is…
2Cases cited2 opinions
- Hilz v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
- Brooks v. OwenSupreme Court of Missouri · 1892
3Cited by16 opinions
- Hart v. Emery-Bird-Thayer Dry Goods Co.Missouri Court of Appeals · 1938
- Atkinson v. United Railroads of San FranciscoCalifornia Court of Appeal · 1925
- St. Louis & S. F. Ry. Co. v. GosnellSupreme Court of Oklahoma · 1909
- Thompson v. CoolesSuperior Court of Delaware · 1935
- Burt v. NicholsSupreme Court of Missouri · 1915
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