Wagner v. Edison Electric Illuminating Co.
Supreme Court of Missouri
Transferred from St. Louis Court of Appeals. (1) The court erred in submitting this case to the jury, (a.) There was no express employment of plaintiff except by the construction committee (if that was a valid appointment), no evidence of any express promise to pay for services, and no evidence from which a jury should have been allowed to infer or conjecture a promise by defendant to pay plaintiff for such services as he rendered as engineer of joint construction; Allen’s…
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Transferred from St. Louis Court of Appeals. (1) The court erred in submitting this case to the jury, (a.) There was no express employment of plaintiff except by the construction committee (if that was a valid appointment), no evidence of any express promise to pay for services, and no evidence from which a jury should have been allowed to infer or conjecture a promise by defendant to pay plaintiff for such services as he rendered as engineer of joint construction; Allen’s Administrator v. College, etc., 41 Mo. 301; banner v. Tschirpe, 54 Mo. App. 579; Bittrick v. Gilmore, 53 Mo. App. 56;…
1Opinion of the CourtBrace, J.
This case is certified here from the St. Louis Court of Appeals, upon the dissent of one of the judges of that court, to the decision of a majority thereof, in an opinion by Bland, P. J., reported in 82 Mo. App. 287. A copy of that opinion, affirming the judgment of the circuit court in favor of the plaintiff, without additional argument or brief, is filed by his counsel in support of that judgment, and may be taken for the statement of the case. It is as follows:
“In 1896 the Municipal Assembly of the city of St. Louis passed Ordinance No. 18680 (known as the ‘Keyes’ ordinance), which…
2Cases cited37 opinions
- Fitzgerald & Mallory Construction Co. v. FitzgeraldSupreme Court of the United States · 1890
- Noble v. BlountSupreme Court of Missouri · 1883
- Pew v. First National BankMassachusetts Supreme Judicial Court · 1881
- Hill v. Rich Hill Coal Mining Co.Supreme Court of Missouri · 1893
- Sickels v. PattisonNew York Supreme Court · 1835
32 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Sidway v. Missouri Land & Live Stock Co.Supreme Court of Missouri · 1905
- Hyde v. HoniterMissouri Court of Appeals · 1913
- Vogeler v. PunchSupreme Court of Missouri · 1907
- Wood v. Estate of LewisMissouri Court of Appeals · 1914
- Wagner v. Edison Electric Illuminating Co.Missouri Court of Appeals · 1909
8 more not listed; retrieve them via the Exa API.