Scalpino v. Smith
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. Thos. J. Seehorn, Judge. (1) The plaintiff utterly failed to prove ber casei and the demurrer offered at the close of plaintiff’s evidence and renewed at the close of tbe testimony should have been sustained for the following reasons: Under-the instructions of the court there was no evidence submitted to the jury in support of the specific negligence pleaded in the petition.
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Appeal from Jackson Circuit Court. — Hon. Thos. J. Seehorn, Judge. (1) The plaintiff utterly failed to prove ber casei and the demurrer offered at the close of plaintiff’s evidence and renewed at the close of tbe testimony should have been sustained for the following reasons: Under-the instructions of the court there was no evidence submitted to the jury in support of the specific negligence pleaded in the petition. The pleading of specific negligence excludes an offer of proof in support of a general plea of negligence. McManamee v. Railroad, 135 Mo. 1. c. 447; Watson v. Railroad, 133 Mo.…
1Opinion of the CourtJohnson, J.
This is an action to recover damages for personal injuries inflicted by an explosion of dynamite. A trial resulted in a verdict and judgment for plaintiff in the sum of five thousand dollars, and the cause is here on the appeal of defendant.
The injury occurred at 7:30 a. m. March 4, 1907, in one of the outer residence districts of Kansas City, Kansas. Defendant was a contractor engaged in building a railroad through that part of the city. He was using from 300 to 1000 pounds of dynamite per day in blasting. The dynamite was hauled from a powder mill some twenty miles away and defendant…
2Cases cited3 opinions
- Waldhier v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1880
- Schneider v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1882
- Watson v. Mound City Street Railway Co.Supreme Court of Missouri · 1896
3Cited by9 opinions
- Johnson v. Kansas City Terminal Railway Co.Missouri Court of Appeals · 1914
- Ferguson v. Union Electric Company of MissouriSupreme Court of Missouri · 1955
- French v. Center Creek Powder Manufacturing Co.Missouri Court of Appeals · 1913
- Pecan Shoppe of Springfield, Missouri, Inc. v. Tri-State Motor Transit Co.Missouri Court of Appeals · 1978
- Gilbert v. Evens & Howard Fire Brick Co.Missouri Court of Appeals · 1924
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