Knight v. Donnelly Bros.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — No». Thomas J. Seehorn, Judge. (1) The court committed error in overruling defendants’ demurrer to the evidence. The defendants were charged with three negligent acts, viz.: (a) negligently loading, (b) negligently covering, (c) negligently exploding a blast. (2) There is not a particle of evidence anywhere in the record showing, or tending to show, any such negligence.
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Appeal from Jackson Circuit Court. — No». Thomas J. Seehorn, Judge. (1) The court committed error in overruling defendants’ demurrer to the evidence. The defendants were charged with three negligent acts, viz.: (a) negligently loading, (b) negligently covering, (c) negligently exploding a blast. (2) There is not a particle of evidence anywhere in the record showing, or tending to show, any such negligence. A party can not state one cause of action in his petition and recover upon another. Schneider v. Patton, 175 Mo. 684; McCord v. St. Joseph, 181 Mo. 678; McClure v. Feldman, 108 Mo. App.…
1Opinion of the CourtJohnson, J.
Action by the parents of a minor to recover damages for his death which they allege was caused by the negligence of defendants. The jury found for plaintiffs in the sum of three thousand dollars, but under pressure from the court, a remittitur of one thousand dollars was filed and entered. Defendants’ motions for neAV trial and in arrest of judgment then were overruled. Judgment was entered in favor of plaintiffs in the sum of two thousand dollars and defendants appealed.
At the time of his death which occurred November 27, 1905, plaintiffs’ son, Arthur T. Knight, avus sixteen years old and…
2Cases cited3 opinions
- Mather v. RillstonSupreme Court of the United States · 1895
- Jenkins v. EmmonsMissouri Court of Appeals · 1906
- Seals v. WhitneyMissouri Court of Appeals · 1908
3Cited by5 opinions
- Smith v. AldridgeMissouri Court of Appeals · 1962
- Faust v. PopeMissouri Court of Appeals · 1908
- French v. Center Creek Powder Manufacturing Co.Missouri Court of Appeals · 1913
- Britt v. CreboMissouri Court of Appeals · 1913
- Bolger v. Kansas City Material Co.Missouri Court of Appeals · 1913