Fox v. Mission Free School
Supreme Court of Missouri
Appeal from, St. Louis City Circuit Court. — Hon. Jas. E. Withrow, Judge. (1) It was error for the lower court to give the instruction asked by the defendant at the close of plaintiff’s evidence, to the effect that upon the pleadings and the evidence the plaintiff could not recover. Greenwald v. Kappas, 31 Ind.216; Allen v. Co., 11 Pa.
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Appeal from, St. Louis City Circuit Court. — Hon. Jas. E. Withrow, Judge. (1) It was error for the lower court to give the instruction asked by the defendant at the close of plaintiff’s evidence, to the effect that upon the pleadings and the evidence the plaintiff could not recover. Greenwald v. Kappas, 31 Ind.216; Allen v. Co., 11 Pa. Co. Ct. 231; Nalle v. Paggi, 81 Tex. 201; McEwen v. Nelson, 40 111. App. 272; Kingsland v. Picker, 115 N. Y. 578; Shaw v. Hitchcock, 119 Mass. 254; Harber v. Evans, 101 Mo. 668; Hay v. Cato, 119 Mass. 515; Auchv. Labouisse, 20 La. Ann. 554; Webster’s…
1Opinion of the CourtMacfarlane, J.
Plaintiff and defendant were the owners of contiguous lots fronting each about sixty-five feet, on the south side of St. Charles street, in the city of St. Louis, and extending back south about one hundred and eleven feet to an alley. Previous to making the contract which is the basis of this suit, a three story *352brick building, of the full width of the lot, and extending back to within about seven feet of the alley, stood upon defendant’s lot. This building was leased and used as a gymnasium. The seven foot space between the building and the alley was occupied by one story structures. About…
2Cases cited2 opinions
- Harber v. EvansSupreme Court of Missouri · 1890
- Shaw v. HitchcockMassachusetts Supreme Judicial Court · 1876
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