Bradbury Marble Co. v. Laclede Gaslight Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Daniel D. Fisher, Judge. (1) The demurrer to plaintiff’s evidence should have been sustained because there was a total failure of proof. (2) The demurrer should have been sustained for the further reason that the acts referred to in the testimony, are not the proximate cause of this damage.
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Appeal from St. Louis City Circuit Court. — Hon. Daniel D. Fisher, Judge. (1) The demurrer to plaintiff’s evidence should have been sustained because there was a total failure of proof. (2) The demurrer should have been sustained for the further reason that the acts referred to in the testimony, are not the proximate cause of this damage. State v. Holman, 10 S. E. (N. C.) 758; State v. Ranken, 16 Am. 737. (3) Upon the facts defendant has obtained a prescriptive right to operate its plant, so far as plaintiff is concerned, and plaintiff cannot now by this action question this right, or…
1Opinion of the CourtBland, P. J.
(after stating the facts). — At the close of plaintiff’s case and at the close of all the evidence, defendant offered a demurrer to the evidence. The refusal of the court to grant its request is assigned as error. For the reason the powder deposited on the marble did no injury in itself and was harmless unless moistened, defendant contends the damages were not direct, and for this reason plaintiff cannot recover. Some of the cases hold to this doctrine, but the majority of the cases in the United States repudiate it and hold that consequential as well as direct damages may be recovered in…
2Cases cited5 opinions
- Bohan v. Port Jervis Gaslight Co.New York Court of Appeals · 1890
- Paddock v. SomesSupreme Court of Missouri · 1890
- Owen v. PhillipsIndiana Supreme Court · 1881
- Chicago G. W. Ry. Co. v. First Methodist Episcopal Church of Leavenworth CityCourt of Appeals for the Eighth Circuit · 1900
- Powell v. Brookfield Pressed Brick & Tile Manufacturing Co.Missouri Court of Appeals · 1904
3Cited by15 opinions
- Amphitheaters, Inc. v. Portland MeadowsOregon Supreme Court · 1948
- Harry and Florence Kelley v. Natl. Lead Co.Missouri Court of Appeals · 1948
- Fuchs v. Curran Carbonizing and Engineering Co.Missouri Court of Appeals · 1955
- Rider v. JulianSupreme Court of Missouri · 1955
- Hughes v. Kansas City Motion Picture MacHine Operators, Local No. 170Supreme Court of Missouri · 1920
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