Calcaterra v. Iovaldi
Missouri Court of Appeals
Appeal from St Louis Oity Circuit Court. — Hon. Bobt. M. Foster, Judge. (1) Where specific acts of negligence are alleged, evidence of other acts is inadmissible. Atchison v. Railroad, 80 Mo. 213; McCarty v. Hotel Co., 144 Mo. 397; Fuchs v. St. Louis, 167 Mr. 640; Garven v. Railroad, 100 Mo. App. 617; Spiro v. Transit Co., 102 Mo. App. 250. (2) Negligence and wantonness or willfulness cannot coexist. Boyd v. Transit Co., 108 Mo. App'. 303; Maggioli v. Transit Co., 108 Mo.
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Appeal from St Louis Oity Circuit Court. — Hon. Bobt. M. Foster, Judge. (1) Where specific acts of negligence are alleged, evidence of other acts is inadmissible. Atchison v. Railroad, 80 Mo. 213; McCarty v. Hotel Co., 144 Mo. 397; Fuchs v. St. Louis, 167 Mr. 640; Garven v. Railroad, 100 Mo. App. 617; Spiro v. Transit Co., 102 Mo. App. 250. (2) Negligence and wantonness or willfulness cannot coexist. Boyd v. Transit Co., 108 Mo. App'. 303; Maggioli v. Transit Co., 108 Mo. App. 416; Ruebsam v. Transit Co., 108 Mo. App. 437. (3) The ‘‘necessary injury” spoken of in the statute means the…
1Opinion of the CourtGoode, J.
This appeal was taken from a judgment for four thousand dollars against the appellants. Respondents were the parents of Rosa Calcaterra, a child seven years old at the time of her death. She was killed by the falling of a beer keg or barrel from a window in the second story of a building used as a dramshop by appellants. This building was at the southwest corner of Cooper street and Shaw avenue, two traveled thoroughfares in the city of St. Louis. While the deceased was walking along the west side of Cooper street on May 23, 1904, a heavy barrel fell out of the window, striking her on the…
2Cases cited28 opinions
- District of Columbia v. ArmesSupreme Court of the United States · 1883
- Morse v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1883
- Parsons v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Maguire v. Middlesex RailroadMassachusetts Supreme Judicial Court · 1874
- Pittsburgh, Fort Wayne, & Chicago Railway Co. v. RubyIndiana Supreme Court · 1871
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3Cited by13 opinions
- Jones v. Terminal RR Ass'n of St. LouisSupreme Court of Missouri · 1951
- Wood v. St. Louis Public Service Co.Supreme Court of Missouri · 1952
- McComb v. VaughnSupreme Court of Missouri · 1949
- Spalding v. RobertsonSupreme Court of Missouri · 1947
- Williams v. Excavating & Foundation Co.Missouri Court of Appeals · 1936
8 more not listed; retrieve them via the Exa API.