Winkelman v. Kansas City Electric Light Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Eon. James Gibson, Judge. (1) The plaintiff pleaded a liability by reason of ■ the alleged violation of an ordinance. -No evidence of any ordinance was introduced. The plaintiff was permitted to recoved on an alleged common law liability. This he was not entitled to do under the pleadings. Mc-Manamee v. Railroad, 135 Mo. 447 ;■ Holliday v. Jackson, 21 Mo.
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Appeal from Jackson Circuit Court. — Eon. James Gibson, Judge. (1) The plaintiff pleaded a liability by reason of ■ the alleged violation of an ordinance. -No evidence of any ordinance was introduced. The plaintiff was permitted to recoved on an alleged common law liability. This he was not entitled to do under the pleadings. Mc-Manamee v. Railroad, 135 Mo. 447 ;■ Holliday v. Jackson, 21 Mo. App. 660; Hansberger v. Railroad, 43 Mo. 196; Kansas City v. Hart, 60 Kan. 684; Railroad v. Wyler, 158 H. S. 285. (2) The plaintiff should not have been permitted to recover under an instruction stating…
1Opinion of the CourtEllison, J.
— Plaintiff instituted his action against defendant for damages resulting to him by reason of coming in contact with one of defendant’s electric wires. The judgment was for plaintiff in the trial court.
It appears that plaintiff was on what is known as a swinging scaffold hung down beside the brick wall of a building and was engaged, with a trowel and mortar, in repointing the wall. The defendant’s wires *187were stretched on poles along near the wall and were about twenty feet from the ground. Plaintiff came in contact with one of the wires and received such a shock as to render him unconscious.…
2Cases cited4 opinions
- Geismann v. Missouri-Edison Electric Co.Supreme Court of Missouri · 1903
- McLaughlin v. Louisville Electric Light Co.Court of Appeals of Kentucky · 1896
- Clements v. Louisiana Electric Light Co.Supreme Court of Louisiana · 1892
- Anderson v. Union Terminal RailroadSupreme Court of Missouri · 1901
3Cited by19 opinions
- Harrison v. Kansas City Electric Light Co.Supreme Court of Missouri · 1906
- Scott v. Pacific Power & Light Co.Washington Supreme Court · 1934
- Thompson v. City of LamarSupreme Court of Missouri · 1929
- Byerly v. Consolidated Light, Power & Ice Co.Missouri Court of Appeals · 1908
- Runyan v. Kanawha Water & Light Co.West Virginia Supreme Court · 1911
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