Wiggin v. St. Louis
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court.— Hon. D. D. Fisher, Judge. (1) The circuit court erred in refusing to give the instruction for a nonsuit offered by the city, both at the close of plaintiff’s case and at the close of all the evidence in the case.
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Appeal from St. Louis City Circuit Court.— Hon. D. D. Fisher, Judge. (1) The circuit court erred in refusing to give the instruction for a nonsuit offered by the city, both at the close of plaintiff’s case and at the close of all the evidence in the case. The evidence is uncontradicted that at the close of business hours on the same evening the excavation'was properly guarded and covered, and there is absolutely no evidence in the case that any of these safeguards were insufficient or had been removed, but whether they were removed or not it was not with the sanction or knowledge of the city.…
1Opinion of the CourtMacfarlane, J.
The action is to recover damages for bodily injuries received by plaintiff by reason of falling into an excavation on Easton avenue.
Oqe Angelina Marshall was the owner of a lot on said avenue on which one W. H. Wittman, as contractor, was constructing a house for her. At the time of plaintiff’s injury the walls of the house, which abutted on the street, had been completed. An excavation about six or seven feet in length, seven feet in depth, and extending out in the street about two feet, had been constructed for the purpose of making a way into the basement. Along this excavation the wall of…
2Cases cited11 opinions
- Buesching v. St. Louis Gaslight Co.Supreme Court of Missouri · 1880
- Bassett v. City of St. JosephSupreme Court of Missouri · 1873
- Lancaster v. Connecticut Mutual Life InsuranceSupreme Court of Missouri · 1887
- Kiley v. City of KansasSupreme Court of Missouri · 1885
- Cohn v. City of KansasSupreme Court of Missouri · 1891
6 more not listed; retrieve them via the Exa API.
3Cited by67 opinions
- Stith v. J. J. Newberry Co.Supreme Court of Missouri · 1935
- Benton v. City of St. LouisSupreme Court of Missouri · 1909
- Barr v. Nafziger Baking Co.Supreme Court of Missouri · 1931
- Reedy v. St. Louis Brewing Ass'nSupreme Court of Missouri · 1901
- Wheat v. City of St. LouisSupreme Court of Missouri · 1904
62 more not listed; retrieve them via the Exa API.