Gannon v. Laclede Gas Light Co.
Supreme Court of Missouri
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
- Gurley v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Reichenbach v. EllerbeSupreme Court of Missouri · 1893
- Knox County v. GogginSupreme Court of Missouri · 1891
- McAfee v. RyanSupreme Court of Missouri · 1848
3Cited by169 opinions
- Cluck v. AbeSupreme Court of Missouri · 1931
- Young v. WheelockSupreme Court of Missouri · 1933
- Davidson v. St. Louis Transit Co.Supreme Court of Missouri · 1908
- Stolle v. Anheuser-Busch Inc.Supreme Court of Missouri · 1925
- Conser v. Atchison, T. & SF Ry. Co.Supreme Court of Missouri · 1954
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