Kaiser v. City of St. Louis
Supreme Court of Missouri
Appeal from St. Louis County Circuit Court.— Horn' John W. McElhinney, Judge. (1) There was a failure of proof, (a) The cause of action pleaded by the plaintiff was not sustained by his evidence, nor by any evidence in the case. He pleaded a ridge of macadam running lengthwise of the street and just north of the car tracks as being the cause of a dangerous and steep incline toward and into the gutter.
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Appeal from St. Louis County Circuit Court.— Horn' John W. McElhinney, Judge. (1) There was a failure of proof, (a) The cause of action pleaded by the plaintiff was not sustained by his evidence, nor by any evidence in the case. He pleaded a ridge of macadam running lengthwise of the street and just north of the car tracks as being the cause of a dangerous and steep incline toward and into the gutter. Of the two witnesses who saw the accident and testified as to what occasioned it, one said that the outer hind wheel ran over a pile of mud' not so big as a bucket at the same time that the…
1Opinion of the CourtMarshall, J.
This is an action for. damages-for personal injuries sustained by the plaintiff, on February 23, 1900, at about eleven o’clock, a. m., caused by the turning over of a milk-wagon that he was driving along the north side of Chouteau avenue, in front of No. 2775 Chouteau avenue. The plaintiff recovered a judgment for two thousand dollars, and the defendant appealed.
The negligence charged in the petition is, that the •city “raised or caused to be raised the middle portion of said Chouteau avenue at said place, so that said middle portion was much higher than said portion in and along the said…
2Cases cited1 opinion
- Wheat v. City of St. LouisSupreme Court of Missouri · 1904
3Cited by10 opinions
- Waldmann v. Skrainka Construction Co.Supreme Court of Missouri · 1921
- Edmondson v. Hotels Statler Co.Supreme Court of Missouri · 1924
- Sloan v. American PressSupreme Court of Missouri · 1931
- Sheffer v. SchmidtSupreme Court of Missouri · 1930
- Border v. City of SedaliaMissouri Court of Appeals · 1912
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