Clark v. Famous Shoe & Clothing Co.
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Barclay, J. The burden of showing negligence is on the plaintiff. — Curran v. Warner, 86 N. Y. 153; Sher. & Bedf. on Neg., sect. 12, p. 14; 2 Thompson on Neg. 1175. When the negligence of the plaintiff is disclosed by his own testimony he can not recover. — Henry v. Railroad Co., 76 Mo. 288; Nolan v. ShicTcle, 69 Mo. 340, affirming 3 Mo. App. 300; O’Donnell v. Railroad Mo., 7 Mo.
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Appeal from the St. Louis Circuit Court, Barclay, J. The burden of showing negligence is on the plaintiff. — Curran v. Warner, 86 N. Y. 153; Sher. & Bedf. on Neg., sect. 12, p. 14; 2 Thompson on Neg. 1175. When the negligence of the plaintiff is disclosed by his own testimony he can not recover. — Henry v. Railroad Co., 76 Mo. 288; Nolan v. ShicTcle, 69 Mo. 340, affirming 3 Mo. App. 300; O’Donnell v. Railroad Mo., 7 Mo. App. 190. This law imposed no obligation on the defendant to station a watchman at the door to prevent its being opened. —Harrison v. Collins, 86 Pa. St. 153. The misconduct…
1Opinion of the CourtRombauer, J.
A careful examination of the record in this cause discloses no errors which would justify us in vacating the judgment rendered by the court below.
It is an action by husband and wife to recover damages for personal injuries received by the wife. There was testimony tending to show that the cause of the accident, resulting in the injury complained of, was defendant’s negligence, in permitting a hatchway to remain open on one of the public sidewalks in the city, adjoining defendant’s premises. The hatchway was properly constructed, and the plaintiff wife fell into it while endeavoring to protect…
2Cases cited8 opinions
- Buesching v. St. Louis Gaslight Co.Supreme Court of Missouri · 1880
- State v. BranstetterSupreme Court of Missouri · 1877
- State v. AlexanderSupreme Court of Missouri · 1877
- Brown v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1872
- Hoyt v. City of HudsonWisconsin Supreme Court · 1876
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3Cited by7 opinions
- Kambour v. Boston & Maine RailroadSupreme Court of New Hampshire · 1913
- Elliott v. Chicago, Rock Island & Pacific RailroadSupreme Court of Kansas · 1969
- Phillips v. the Rhode Island Co.Supreme Court of Rhode Island · 1910
- Kirkpatrick v. George Knapp & Co.Missouri Court of Appeals · 1888
- Crowley v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1887
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