Franke v. City of St. Louis
Supreme Court of Missouri
Appeal from St. Louis City Circuit Cou/rt. — Hon. Daniel Dillon, Judge. (1) It was improper to grant a nonsuit as to' the defendant Hildreth. (2) The case should have been nonsuited as to the city of St. Louis. (3) It was error to refuse to submit to the jury whether the deceased came to his death by improper treatment on the part of the physicians. (4) The contractor who was restoring the premises at the time of the accident was jointly liable with the other defendants.
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Appeal from St. Louis City Circuit Cou/rt. — Hon. Daniel Dillon, Judge. (1) It was improper to grant a nonsuit as to' the defendant Hildreth. (2) The case should have been nonsuited as to the city of St. Louis. (3) It was error to refuse to submit to the jury whether the deceased came to his death by improper treatment on the part of the physicians. (4) The contractor who was restoring the premises at the time of the accident was jointly liable with the other defendants. (5) The question of reasonable care on the part of the deceased should have been summitted to the jury. (6) The damages…
1DissentSherwood, C. J.
(dissenting). — Action by plaintiff as the mother of her minor son, some fifteen years of age, who was killed by the falling of a large facing stone, situated in the fourth story of the front wall of the brick building known as number 407 North Fourth street.
A fire had occurred in that building on the fifth of February, and the accident happened on the twenty-ninth of that month. There was no dispute as to the immediate cause of the death. There were no barriers erected in front of the burned premises, and travel continued as before along the sidewalk, which was a busy thoroughfare.
At the…
2Cases cited12 opinions
- Requa v. . the City of RochesterNew York Court of Appeals · 1871
- Carrington v. City of St. LouisSupreme Court of Missouri · 1886
- Mayor v. SheffieldSupreme Court of the United States · 1867
- Sheel v. City of AppletonWisconsin Supreme Court · 1880
- Grogan v. Broadway Foundry Co.Supreme Court of Missouri · 1885
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