Goltz v. Griswold
Supreme Court of Missouri
Appeal from St. Louis City Circuit Coivrt. — Hon. J. E, Withbow, Judge. (1) The court erred in the admission of the evidence of Wray, the police sergeant; it was hearsay and prejudicial. (2) The court also erred in the qualification it made to the first instruction asked by plaintiff; no such issue was made in the pleadings and there was no testimony on which to base it. (3) Contributory negligence is a question for the jury.
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Appeal from St. Louis City Circuit Coivrt. — Hon. J. E, Withbow, Judge. (1) The court erred in the admission of the evidence of Wray, the police sergeant; it was hearsay and prejudicial. (2) The court also erred in the qualification it made to the first instruction asked by plaintiff; no such issue was made in the pleadings and there was no testimony on which to base it. (3) Contributory negligence is a question for the jury. Kenney v. Bail-road, 105 Mo. 286; Willems v. Bailroacl, 101 Mo. 93; Buesching v. Gaslight Co., 73 Mo. 219. The instructions given by the court are further objectionable…
1Opinion of the CourtBbace, J.
This is an action for damages for personal injuries, in which the jury found for the defendant, and from the judgment in his favor on such, verdict the plaintiff appeals.
The substance of the petition is: That the defendant is the owner and proprietor of the Laclede hotel, on the corner of Sixth and Chestnut streets, in the city of St. Louis; that said building is bounded on the *146south by a public alley: “that in said alley immediately adjoining the property of the defendant there is an opening designed to furnish light to the basement part of said hotel; which opening is about forty feet long,…
2Cases cited3 opinions
- Mullen v. . St. JohnNew York Court of Appeals · 1874
- Franke v. City of St. LouisSupreme Court of Missouri · 1892
- Khron v. BrockMassachusetts Supreme Judicial Court · 1887
3Cited by2 opinions
- Cooper v. DavisSupreme Court of Missouri · 1925
- United Electric Railways Co. v. Pennsylvania Petroleum Products Co.Supreme Court of Rhode Island · 1937