Legal Opinion

Bender v. Weber

Supreme Court of Missouri

Decided May 31, 1913PublishedCited by 26 opinions

Appeal from St. Louis City Circuit Court. — Hon. Charles C. Allen, Judge. (1) The court- erred in refusing the instructions offered by defendants in the nature of a demurrer to the evidence at the close of plaintiff’s case and at the close of the whole case. Buesching v: Gas Light Co., 6 Mo. App. 85; Larkin v. O’Neil, 119 N. T. 221; Kean v. Schoening, 103 Mo.

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Appeal from St. Louis City Circuit Court. — Hon. Charles C. Allen, Judge. (1) The court- erred in refusing the instructions offered by defendants in the nature of a demurrer to the evidence at the close of plaintiff’s case and at the close of the whole case. Buesching v: Gas Light Co., 6 Mo. App. 85; Larkin v. O’Neil, 119 N. T. 221; Kean v. Schoening, 103 Mo. App. 77. (2) The court erred in permitting the plaintiff to introduce evidence to the effect that children played in the alleyway. Fitzgerald v. Paper Co., 155 Mass. 155. (3) The court erred in refusing to permit witness Gaborino to…

1Opinion of the CourtLamm, J.

Negligence. Personal injuries. Verdict and judgment for plaintiff for $1250. Appeal to the St. Louis Court of Appeals. Affirmed there by *555a divided court. Certified here under section 6 of the 1884-Amendment of the Constitution.

The pleadings fill no office for present purposes.

The case on the facts is this: There are' two streets in St. Louis (Cardinal and Laclede) cutting each other at right angles. In one of such angles there is a group of buildings owned by defendants, husband and wife. The ground floors and basements of some are leased for business purposes, while the upper floors of those…

2Cases cited28 opinions

  1. Buesching v. St. Louis Gaslight Co.Supreme Court of Missouri · 1880
  2. Carleton v. Franconia Iron & Steel Co.Massachusetts Supreme Judicial Court · 1868
  3. Bassett v. City of St. JosephSupreme Court of Missouri · 1873
  4. Jennings v. . Van SchaickNew York Court of Appeals · 1888
  5. Bowe v. HunkingMassachusetts Supreme Judicial Court · 1883

23 more not listed; retrieve them via the Exa API.

3Cited by26 opinions

  1. Hogsett v. HannaNew Mexico Supreme Court · 1936
  2. Houfburg v. Kansas City Stock Yards Co. of MaineSupreme Court of Missouri · 1955
  3. Walsh v. Southwestern Bell Telephone Co.Supreme Court of Missouri · 1932
  4. Okmulgee Gas Co. v. KellySupreme Court of Oklahoma · 1924
  5. Mahnken v. GillespieSupreme Court of Missouri · 1931

21 more not listed; retrieve them via the Exa API.

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