Murphy v. St. Louis Type Foundry
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Hon. Shepard Barclay, Judge. The court committed error in admitting an abandoned answer made by the defendant in another suit. Whittlesey’s Mo. Prac. 289 ; Corley v. McCabe, 9 Mo. App. 68Brecltenlcamp v. Reese, 3 Mo. App. 585; Machine Co. v. Bierce, 5 Mo.
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Appeal from the St. Louis Circuit Court, Hon. Shepard Barclay, Judge. The court committed error in admitting an abandoned answer made by the defendant in another suit. Whittlesey’s Mo. Prac. 289 ; Corley v. McCabe, 9 Mo. App. 68Brecltenlcamp v. Reese, 3 Mo. App. 585; Machine Co. v. Bierce, 5 Mo. App. 575; Brown v. Fedor, 7 Wend. 301. The third instruction is clearly erroneous and practically nullifies the effect of instruction numbered five, given at the instance of defendant. It tells the jury, in effect, that if the representations made by -plaintiff’s architect concerning the strength of…
1Opinion of the CourtThompson, J.
The plaintiff leased to the defendant a building, and the defendant sublet a portion of it to the Compton Lithograph Company. The portion used by the Lithograph Company was injured while in its use, by the weight of its presses and the vibrations produced by them, as the plaintiff’s evidence tends to show, but by the inherent defects of the building, as the defendant’s evidence tends to show. The plaintiff repaired the damage at considerable expense, and brought this action against the defendant, as his lessee, to recover the money so expended. There was a trial by jury and a verdict and…
2Cases cited8 opinions
- Pomeroy v. BentonSupreme Court of Missouri · 1882
- Anderson v. McPikeSupreme Court of Missouri · 1885
- Turner v. BakerSupreme Court of Missouri · 1876
- Dowzelot v. RawlingsSupreme Court of Missouri · 1874
- Priest v. WaySupreme Court of Missouri · 1885
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3Cited by1 opinion
- Wills Ex Rel. Wills v. Townes Cadillac-Oldsmobile, Inc.Supreme Court of Missouri · 1973