Legal Opinion

Gannon v. Laclede Gas Light Co.

Supreme Court of Missouri

Decided July 6, 1898PublishedCited by 169 opinions

Appeal from St. Louis County Circuit Court. — Hon. Rudolph Hirzel, Judge. (1) No rule of law is better settled than that the negligence proved must conform to that charged in the petition ; and a fortiori, that if the plaintiff fails to prove the negligence alleged against the defendant, a demurrer to the evidence should be sustained.

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Appeal from St. Louis County Circuit Court. — Hon. Rudolph Hirzel, Judge. (1) No rule of law is better settled than that the negligence proved must conform to that charged in the petition ; and a fortiori, that if the plaintiff fails to prove the negligence alleged against the defendant, a demurrer to the evidence should be sustained. Gurley v. Bail-road, 93 Mo. 445; Haynes v. Trenton, 108 Mo. 123; Buffington v. Railroad, 64 Mo. 246; Price v. Railroad, 72 Mo. 414; Waldhier v. Rail/road, 71 Mo. 514; Leslie v. Railroad, 88 Mo. 54. (2) A verdict which has no substantial evidence to support it…

1Opinion of the CourtRobinson, J.

This action was begun by the respondent Annie Gannon against appellant to recover $5,000 for the death of her husband William Gannon, alleged to have been caused by the fault of the defendant company, as set out in her petition, containing- the following substantial averments :

“That the Laclede Gas Light Company, defendant, is a corporation under the laws of Missouri, engaged in the business of furnishing and selling electric light throughout the city of St. Louis, Missouri; that in conducting said business the defendant had erected and strung upon poles along the streets and alleys of said…

2Cases cited4 opinions

  1. Gurley v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
  2. Reichenbach v. EllerbeSupreme Court of Missouri · 1893
  3. Knox County v. GogginSupreme Court of Missouri · 1891
  4. McAfee v. RyanSupreme Court of Missouri · 1848

3Cited by169 opinions

  1. Cluck v. AbeSupreme Court of Missouri · 1931
  2. Young v. WheelockSupreme Court of Missouri · 1933
  3. Davidson v. St. Louis Transit Co.Supreme Court of Missouri · 1908
  4. Stolle v. Anheuser-Busch Inc.Supreme Court of Missouri · 1925
  5. Conser v. Atchison, T. & SF Ry. Co.Supreme Court of Missouri · 1954

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