Fuchs v. City of St. Louis
Supreme Court of Missouri
Appeal from’ St. Louis County Circuit Court. — Hon. Rudolph Hirzel, Judge. (1) There was no evidence adduced, upon the trial which led to this appeal, as to the quantity of oil, if any, which got into the sewer. But if the proof had shown the presence of a large body of oil, it also showed that there was no practical, feasible method by which the city authorities could have removed it, the mouth of the sewer being submerged by high water in the Mississippi river.
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Appeal from’ St. Louis County Circuit Court. — Hon. Rudolph Hirzel, Judge. (1) There was no evidence adduced, upon the trial which led to this appeal, as to the quantity of oil, if any, which got into the sewer. But if the proof had shown the presence of a large body of oil, it also showed that there was no practical, feasible method by which the city authorities could have removed it, the mouth of the sewer being submerged by high water in the Mississippi river. And also showed that there was no practical, feasible pleasure or precaution for preventing the formation of gases, or for…
1Opinion of the Court
E. C. TITTMANN
(Special Judge). — This suit, which is an action brought by Agnes Fuchs, to recover damages for the death of her husband, Carl E. Fuchs, was filed September 16, 1892, in the circuit court of the city of St. Louis. The defendants in the suit, as originally brought, were the city of St. Louis and the Waters-Pierce Oil Company. The case first came to trial in April, 1893, in which plaintiff was forced to submit to a nonsuit. She appealed to this court, which affirmed the judgment of the lower court as to the Waters-Pierce Oil Company, but reversed the judgment as to the city of St.…
2Cases cited17 opinions
- Searles v. . Manhattan Railway CompanyNew York Court of Appeals · 1886
- Losee v. . BuchananNew York Court of Appeals · 1873
- Stone v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1898
- Cosulich v. Standard Oil Co.New York Court of Appeals · 1890
- Dobbins v. . BrownNew York Court of Appeals · 1890
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3Cited by44 opinions
- Guthrie v. City of St. CharlesSupreme Court of Missouri · 1941
- Harrison v. Kansas City Electric Light Co.Supreme Court of Missouri · 1906
- Mangold v. BaconSupreme Court of Missouri · 1911
- Cole v. Uhlmann Grain Co.Supreme Court of Missouri · 1937
- Gaddy v. Skelly Oil Co.Supreme Court of Missouri · 1953
39 more not listed; retrieve them via the Exa API.