Coutant v. Snow
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court . — Hon. Jesse A. McDonald, Judge. The trial court erred in setting aside the nonsuit for the reason that plaintiff did not use due diligence in preparing the case for trial. Howell v. Howell, 37 Mo. 124. The appellate court will not interfere with the discretion of the trial court in setting aside the nonsuit.
1Opinion of the CourtGrANTT, J.
This is an appeal from an order of the circuit court of the city of St. Louis, setting aside an involuntary nonsuit which plaintiff had suffered at the March term, 1903, of the said court. The action is for damages occasioned by the death of plaintiff’s hus*528band, by the burning of the buildings Nos. 2700 and 2702 Olive street in St. Louis on the 9th day of February, 1902.
The petition is in all respects, save and except the party plaintiff, and her deceased husband, exactly like that in Yall v. Snow, ante, p. 511, the opinion in which case has been handed down to-day. The answer is practically…
2Cited by3 opinions
- Johnson v. SnowSupreme Court of Missouri · 1907
- Zeibig v. Pfeiffer Chemical Co.Missouri Court of Appeals · 1910
- Plaza Amusement Co. v. RothenbergMississippi Supreme Court · 1930