Legal Opinion

Newell v. Boatmans Bank

Supreme Court of Missouri

Decided December 1, 1919PublishedCited by 4 opinions

Appeal from St. Louis City Circuit Court. — lion. John W. Calhoun, Judge. (1.) The building was not a hotel or a dormitory, but was a “club house,” for which the number of fire escapes should be determined by the building commissioner of the City of St. Louis. Hence the plaintiff in resting his action upon the theory that the building was a hotel or dormitory, proceeded upon the wrong theory and was not entitled to go to the jury.

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Appeal from St. Louis City Circuit Court. — lion. John W. Calhoun, Judge. (1.) The building was not a hotel or a dormitory, but was a “club house,” for which the number of fire escapes should be determined by the building commissioner of the City of St. Louis. Hence the plaintiff in resting his action upon the theory that the building was a hotel or dormitory, proceeded upon the wrong theory and was not entitled to go to the jury. R. S. 1909, secs. 10666, 10667, 10668. (2) There was no evidence proving or tending to prove that the failure of the bank to construct and maintain additional fire…

1Opinion of the Court

RAGLAND, C.

John Odegaard lost his life in the fire which destroyed in the early morning of March 9, 1914, the building occupied by the Missouri Athletic Association. He was about thirty-two years of age, had never been married, and left no relatives in this State. Aged parents, dependent upon him for support and to whose support he was contributing at the time of his death, survived him, and were living in the City of Chicago. This suit was instituted by the public administrator of the City of St. Louis, having in charge his estate, and wherein he seeks to recover damages against defendant as…

2Cases cited2 opinions

  1. Burt v. NicholsSupreme Court of Missouri · 1915
  2. Ranus ex rel. Winterman v. Boatmen's BankSupreme Court of Missouri · 1919

3Cited by4 opinions

  1. Magill v. Boatmen's BankSupreme Court of Missouri · 1921
  2. Jenkins v. KurnSupreme Court of Missouri · 1940
  3. State v. CarrMissouri Court of Appeals · 1925
  4. Fox v. Missouri Pacific RailroadSupreme Court of Missouri · 1934

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