Overholt v. Vieths
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Geo. W. Lubke, Judge. (1) The court erred in refusing testimony as to the ■ financial condition of the plaintiff, Mrs. Eliza A. Overholt. Winters v. Railroad, 39 Mo. 468-475 ; Lottman v. Barnett, 62 Mo. 159 ; Conroy v. Yutean Iron Works, 75 Mo. 651 ; Frick v. Railroad, 75 Mo. 542. (2) The court erred in refusing to admit the ordinance offered by the plaintiffs.
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Appeal from St. Louis City Circuit Court. — Hon. Geo. W. Lubke, Judge. (1) The court erred in refusing testimony as to the ■ financial condition of the plaintiff, Mrs. Eliza A. Overholt. Winters v. Railroad, 39 Mo. 468-475 ; Lottman v. Barnett, 62 Mo. 159 ; Conroy v. Yutean Iron Works, 75 Mo. 651 ; Frick v. Railroad, 75 Mo. 542. (2) The court erred in refusing to admit the ordinance offered by the plaintiffs. Robertson v. Railroad, 84 Mo. 119; Karle v. Railroad, 55 Mo. 476 ; Keim v. Railroad, 90 Mo. 321, and cases cited. (3) The court erred. in admitting testimony to show that defendant could…
1Opinion of the CourtNorton, C. J.
This suit is to recover damages for the death of plaintiff’s eight-year-old son, who was drowned, as alleged, in a pond of water which had been formed in consequence of rock having been quarried on a lot in the city of St. Louis, owned by the defendant. *425Tlie jury returned a verdict for plaintiffs, and assessed the damages at ten dollars, and, from the judgment rendered thereon, they have appealed; and, among other errors assigned, is the action of the court in refusing to admit in evidence the following section of an ordinance of the city of St. Louis :
“ Section 15. All holes, depressions,…
2Cases cited3 opinions
- City of Kansas v. ClarkSupreme Court of Missouri · 1878
- Straub v. SodererSupreme Court of Missouri · 1873
- Winters v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1867
3Cited by44 opinions
- Peters v. BowmanCalifornia Supreme Court · 1896
- Stephens v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1888
- Savannah, Florida & Western Railway Co. v. BeaversSupreme Court of Georgia · 1901
- Hildreth v. KeyMissouri Court of Appeals · 1960
- Brown v. Salt Lake CityUtah Supreme Court · 1908
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