Howard v. Scarritt Estate Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court.— Eon. O. A. Lucas, Judge. (1) The court erred in refusing to give defendant’s peremptory instruction in the nature of a demurrer to the evidence at the close of plaintiff’s evidence and at the close of the whole case. If there is no evidence tending to establish the cause of action alleged in the petition, the court has but one duty to perform — and to so declare by instruction.
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Appeal from Jackson Circuit Court.— Eon. O. A. Lucas, Judge. (1) The court erred in refusing to give defendant’s peremptory instruction in the nature of a demurrer to the evidence at the close of plaintiff’s evidence and at the close of the whole case. If there is no evidence tending to establish the cause of action alleged in the petition, the court has but one duty to perform — and to so declare by instruction. Davis v. Thompson, 209 Mo. 192; Sissel v. Railway, 214 Mo. 515'; Byerly v. Light Co., 130' App. 593. (2) There is a variance between the petition and the case proved. The case…
1Opinion of the CourtBroaddus, P. J.
Negligence. The plaintiffs are husband and wife and are prosecuting this action for damages for the death of their infant son, William Claranee Howard. The defendant corporation is the owner of a large office building in Kansas City, Missouri, known as the Scarritt Building. It was shown that on the 10th day of January, 1910, the defendant maintained a series of elevators for the purpose of carrying persons up and down from the many stories of said building. On the day named, the plaintiffs, with their minor son, not quite four years of age, entered' one of said elevators to be carried to the…
2Cases cited11 opinions
- Parsons v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Lemon v. ChanslorSupreme Court of Missouri · 1878
- Franke v. City of St. LouisSupreme Court of Missouri · 1892
- Leahy v. DavisSupreme Court of Missouri · 1894
- Turner v. EdmonstonSupreme Court of Missouri · 1908
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3Cited by4 opinions
- Howard v. Scarritt Estate Co.Supreme Court of Missouri · 1916
- Jenkins v. Missouri State Life InsuranceSupreme Court of Missouri · 1934
- Herrell v. St. Louis-San Francisco Railway Co.Supreme Court of Missouri · 1929
- Williams v. Short GarrityMissouri Court of Appeals · 1925