Stevens v. Walpole
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. E. P. Gates, Special Judge. (1) The motion in arrest should have been sustained, for the reason that the petition wholly fails to state a cause of action. Beach v. Erankenburger, 4 W. Va. 712; Jansen v. Atchison, 16 Kan. 358; St. Louis v. Ins. Co., 107 Mo. 92; Independence v. Slack, 134 Mo. 66, 76. (2) The admission of the druggist’s bills in evidence, by the court, was error.
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Appeal from the Jackson Circuit Court. — Hon. E. P. Gates, Special Judge. (1) The motion in arrest should have been sustained, for the reason that the petition wholly fails to state a cause of action. Beach v. Erankenburger, 4 W. Va. 712; Jansen v. Atchison, 16 Kan. 358; St. Louis v. Ins. Co., 107 Mo. 92; Independence v. Slack, 134 Mo. 66, 76. (2) The admission of the druggist’s bills in evidence, by the court, was error. (3) The admission of the testimony of what the child said, after going upstairs, in answer to an inquiry as to what was the matter, was clearly error. Railroad v. Becker,…
1Opinion of the CourtGill, J.
In this case the father sues for expenses incurred in nursing, etc., in earing for his minor son who fell into a defective iron grating maintained by defendant in the sidewalk in front of certain premises owned by defendant, and known as Number 1304 Grand Avenue, Kansas City. After stating defendant’s ownership (which covered a period of about twenty-five years), the petition proceeds as follows:
“Plaintiff states that on the 8th day of December, 1895, and for a long time prior thereto, said defendant had maintained an iron grating in the sidewalk on said highway in front of and adjoining said…
2Cases cited13 opinions
- Huhn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Murray v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
- Benjamin v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1896
- Soeder v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1890
- Leahey v. Cass Avenue & Fair Grounds Railway Co.Supreme Court of Missouri · 1888
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3Cited by7 opinions
- Thompson v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1900
- Cunningham v. Wabash RailroadMissouri Court of Appeals · 1899
- Devore v. St. Louis & San Francisco Railway Co.Missouri Court of Appeals · 1900
- Harriman v. Kansas City Star Co.Missouri Court of Appeals · 1899
- Sherwood v. Worth County Drainage District Number OneSupreme Court of Missouri · 1923
2 more not listed; retrieve them via the Exa API.