O'Brien v. Vulcan Iron-Works
Missouri Court of Appeals
Appeal from St. Louis Circuit Court. Wag. Stats. 408, sect. 7; Const., art. 9, sect. 23; Scheme of Separation, sect. 2 ; Fine v. Public Schools, 30 Mo. 173 ; Rose v. St. Charles, 49 Mo. 510; Fberle v. Public Schools, 11 Mo. 261. Fulweiler v. St. Louis, 61 Mo. 479; Rose v. St. Charles, 49 Mo. 509 ; Fine v. Public Schools, 30 Mo. 166 ; Fberle v. Public Schools, 11 Mo. 247.
1Opinion of the CourtLewis, P. J.
The plaintiffs, who are husband and wife, obtained a judgment, under Wagner’s Statutes, p. 519, sect. 2, for damages on account of the death of their son, aminor, which was caused by the falling of an embankment. The Vulcan Iron-Works, defendant, had by its employees been excavating for sand in Clay Street, in the city of St. Louis, and it was claimed by the plaintiffs that the falling of the bank was due to negligence of the workmen in undermining and in not properly securing the earth above their work. The city of St. Louis was a co-defendant, but was discharged of responsibility by the…
2Cases cited5 opinions
- Fine v. St. Louis Public SchoolsSupreme Court of Missouri · 1860
- Rose v. City of St. CharlesSupreme Court of Missouri · 1872
- Eberle v. Board of President of the St. Louis Public SchoolsSupreme Court of Missouri · 1848
- Fulweiler v. City of St. LouisSupreme Court of Missouri · 1876
- State ex rel. Beach v. FinnMissouri Court of Appeals · 1877
3Cited by9 opinions
- State Ex Rel. Randolph County v. WaldenSupreme Court of Missouri · 1947
- Thompson v. DouglassWest Virginia Supreme Court · 1891
- State v. HufferMissouri Court of Appeals · 1968
- Sutton v. FoxWisconsin Supreme Court · 1882
- Hegney v. HeadSupreme Court of Missouri · 1895
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