Legal Opinion

McKenna v. Walker

Missouri Court of Appeals

Decided November 5, 1900Published

Appeal from the St. Louis City Circuit Oourt. — Hon. Horatio D. Wood, Judge. The statement of plaintiff filed before the justice set-out a.good cause of action, and the circuit co-urt so held when, at the opening of the trial, defendant objected to the introduction of any evidence for the reason that the statement alleged no facts constituting a cause of action. The evidence fully supported the allegations contained in the statement of the cause of action.

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Appeal from the St. Louis City Circuit Oourt. — Hon. Horatio D. Wood, Judge. The statement of plaintiff filed before the justice set-out a.good cause of action, and the circuit co-urt so held when, at the opening of the trial, defendant objected to the introduction of any evidence for the reason that the statement alleged no facts constituting a cause of action. The evidence fully supported the allegations contained in the statement of the cause of action. The evidence for plaintiff made out a strong prima facie case, and the trial court, at the close of plaintiff’s case, refused to instruct…

1Opinion of the CourtBond, J.

— The plaintiff sued before a justice for the value of certain goods alleged to have been abstracted from a room let to him by defendant on account of the negligence of defendant in putting other persons in the room while entrusted Avith the keeping of the key during the temporary absence of the plaintiff. Upon an appeal to the circuit court at the end of the trial the jury were directed to find for defendant. Plaintiff perfected an appeal from this ruling and complains thereof in this court.

1. The evidence tends to show that on the' first of Eeb. 1899, plaintiff hired a room from defendant,…

2Cases cited2 opinions

  1. Wiser v. ChesleySupreme Court of Missouri · 1873
  2. Hapgood Plow Co. v. Wabash Railway Co.Missouri Court of Appeals · 1895

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