Franke v. City of St. Louis
Supreme Court of Missouri
Appeal from St. Louis City Circuit Cou/rt. — Hon. Daniel Dillon, Judge. (1) It was improper to grant a nonsuit as to' the defendant Hildreth. (2) The case should have been nonsuited as to the city of St. Louis. (3) It was error to refuse to submit to the jury whether the deceased came to his death by improper treatment on the part of the physicians. (4) The contractor who was restoring the premises at the time of the accident was jointly liable with the other defendants.
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Appeal from St. Louis City Circuit Cou/rt. — Hon. Daniel Dillon, Judge. (1) It was improper to grant a nonsuit as to' the defendant Hildreth. (2) The case should have been nonsuited as to the city of St. Louis. (3) It was error to refuse to submit to the jury whether the deceased came to his death by improper treatment on the part of the physicians. (4) The contractor who was restoring the premises at the time of the accident was jointly liable with the other defendants. (5) The question of reasonable care on the part of the deceased should have been summitted to the jury. (6) The damages…
1Opinion of the CourtGantt, J.
Tbe plaintiff as tbe sole surviving ■parent brings this action for damages caused by tbe killing of her unmarried minor son, Frederick W. Franke, on tbe twenty-ninth of February, 1888, by tbe falbng of a stone from tbe front wall of tbe building number 407, North Fourth street, in tbe city of St. *520Louis, the leasehold of which was owned at the time by Mrs. Rebecca Webb, one of the defendants. Prior to February 5, the three upper stories of the building had been leased to Hugh R. Hildreth, who was made a defendant also, for his printing establishment, and the first floor to Hirzog Bros., for a…
2Cases cited11 opinions
- Mullen v. . St. JohnNew York Court of Appeals · 1874
- Gray v. Boston Gas Light Co.Massachusetts Supreme Judicial Court · 1873
- Carrington v. City of St. LouisSupreme Court of Missouri · 1886
- McGowan v. St. Louis Ore & Steel Co.Supreme Court of Missouri · 1891
- Kiley v. City of KansasSupreme Court of Missouri · 1885
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3Cited by42 opinions
- Smart v. Kansas CitySupreme Court of Missouri · 1907
- Koerner v. St. Louis Car Co.Supreme Court of Missouri · 1908
- Reedy v. St. Louis Brewing Ass'nSupreme Court of Missouri · 1901
- Barth v. Kansas City Elevated Railway Co.Supreme Court of Missouri · 1898
- Badgley v. City of St. LouisSupreme Court of Missouri · 1899
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