Schmidt v. Kansas City Distilling Co.
Supreme Court of Missouri
Appeal from Jaclcson Circuit Court. — Hon. T. A. Hill, Judge. ■ (1) The petition failed to state a cause of action and the court erred in overruling defendant’s objection to the hearing of evidence under it.
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Appeal from Jaclcson Circuit Court. — Hon. T. A. Hill, Judge. ■ (1) The petition failed to state a cause of action and the court erred in overruling defendant’s objection to the hearing of evidence under it. It does not state any case of wilful or wanton injury, or of interference with the rightful use by individuals of any public place, or any fact whatever, except that the defendant’s premises and its use of them for blowing off its boilers was dangerous, and that the child was injured. Keffe v. Railroad, 31 Minn. 210. (2) The court erred in refusing to instruct the jury that upon the…
1Opinion of the Court
Henry, C. J. —
The plaintiffs are husband and wife and parents of a child three years old, Louisa, whose death occurred November 2, 1883, upon the premises of the defendant, and plaintiffs allege that it was caused by the negligence of the defendant.
The petition is as follows: “Plaintiffs state that they are now, and were, at and prior to the date hereinafter mentioned, husband and wile, and father and mother of Louisa Schmidt, their child, born on the twenty-ninth day of October, 1879. Said Louisa Schmidt was killed in the manner hereinafter stated,, and at the time of her death was a minor…
2Cases cited3 opinions
- Nagel v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1882
- Hughes v. Hannibal & St. Jo. R. R.Supreme Court of Missouri · 1877
- Turner v. ThomasSupreme Court of Missouri · 1880
3Cited by28 opinions
- Connally v. General Construction Co.Supreme Court of the United States · 1926
- City of Pekin v. McMahonIllinois Supreme Court · 1895
- Barney v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1895
- Kelly v. BenasSupreme Court of Missouri · 1909
- San Antonio & Aransas Pass Railway Co. v. MorganTexas Supreme Court · 1898
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