Schaaf v. St. Louis Basket & Box Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Eon. Demiel Q. Taylor, Judge. (1) The court erred in refusing to give the instruction in the nature of a demurrer to the evidence offered by defendant at the close of the- testimony, (a) Because the petition filed by plaintiff does not state a cause of action. Barney v. Railroad, 126 Mo. 372; Overholt v. Yieths, 93 Mo. 422; Mo,ran v. Car Co., 134 Mo. 641; Riñe v. Railroad, 88 Mo. 392; Hawkins v. Railroad, 116 S. W. 16; Foely y.
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Appeal from St. Louis City Circuit Court. — Eon. Demiel Q. Taylor, Judge. (1) The court erred in refusing to give the instruction in the nature of a demurrer to the evidence offered by defendant at the close of the- testimony, (a) Because the petition filed by plaintiff does not state a cause of action. Barney v. Railroad, 126 Mo. 372; Overholt v. Yieths, 93 Mo. 422; Mo,ran v. Car Co., 134 Mo. 641; Riñe v. Railroad, 88 Mo. 392; Hawkins v. Railroad, 116 S. W. 16; Foely y. McMahon,. 114 Mo. App. 442; Glaser v. Rothschild, 106 Mo; App. 418; Carr v. Railroad, 92 S. W. 874; Wenecker v. Railroad,…
1Opinion of the CourtCox, J.
This is a suit by respondent commenced in the circuit court in the city of St. Louis, to recover damages for injuries alleged to have been inflicted by the negligence of the appellant in operating a tramway *39for hauling logs from a point near the Mississippi river to appellant’s factory on the northeast corner of Second and Arsenal streets in the city of St. Louis.
The testimony on behalf of plaintiff tended to show that the defendant operated a basket and box factory on Arsenal street, in the city of St. Louis. Arsenal- street, after intersecting Second street, extends easterly to railroad…
2Cases cited10 opinions
- Beck v. . CarterNew York Court of Appeals · 1877
- Binford v. JohnstonIndiana Supreme Court · 1882
- Cahill v. E. B. & A. L. Stone & Co.California Supreme Court · 1908
- Allen v. St. Louis Transit Co.Supreme Court of Missouri · 1904
- Chicago, Burlington & Quincy Railroad v. WymoreNebraska Supreme Court · 1894
5 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Porchey v. KellingSupreme Court of Missouri · 1945
- Wolfson v. ChelistMissouri Court of Appeals · 1955
- Penberthy v. PenberthyMissouri Court of Appeals · 1973
- Greer v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1913
- Blackburn v. Katz Drug Co.Missouri Court of Appeals · 1975
5 more not listed; retrieve them via the Exa API.