Speckmann ex rel. Richardson v. Kreig
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. James E. Withrow, Judge. The appellant’s first point that the word “premises” used in plaintiff’s instruction was error is, we submit, without the slightest foundation. Premises mean “a building and its adjuncts,” “realty and buildings,” and we can’t see where counsel for appellant would or could draw the line, or what' other word he could use in view of all the circumstances and facts in the case.
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Appeal from the St. Louis City Circuit Court. — Hon. James E. Withrow, Judge. The appellant’s first point that the word “premises” used in plaintiff’s instruction was error is, we submit, without the slightest foundation. Premises mean “a building and its adjuncts,” “realty and buildings,” and we can’t see where counsel for appellant would or could draw the line, or what' other word he could use in view of all the circumstances and facts in the case. We submit that the place where the chickens are bought and the one where they are kept (chicken house or stable) are the same premises so far as…
1Opinion of the CourtBland, P. J.
The material averments of the petition are that Gustav Speckmann is a youth nine years old; that William O. Richardson, by and through whom he sues, is his duly appointed guardian; that on August 11, 1897, and for some time prior thereto, defendant was the owner and keeper of a dangerous and vicious dog and known to the defendant to be such; that on said day the plaintiff was sent by defendant into the yard of defendant to deliver some chickens; that at the time the dog was running loose in the yard and while plaintiff was performing the errand and while in defendant’s yard he was attacked by…
2Cases cited9 opinions
- Brice v. . BauerNew York Court of Appeals · 1888
- Lynch v. . McNallyNew York Court of Appeals · 1878
- Montgomery v. KoesterSupreme Court of Louisiana · 1883
- Arnold v. NortonSupreme Court of Connecticut · 1856
- Goode v. MartinCourt of Appeals of Maryland · 1882
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3Cited by6 opinions
- State v. OgdenOregon Supreme Court · 1901
- State ex rel. Kroger Co. v. CraigMissouri Court of Appeals · 1959
- Clinkenbeard v. ReinertSupreme Court of Missouri · 1920
- Frazier v. StoneMissouri Court of Appeals · 1974
- Carrow v. HaneyMissouri Court of Appeals · 1920
1 more not listed; retrieve them via the Exa API.