Capp v. City of St. Louis
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. J. Hugo Grimm, Judge. (1) The court erred in refusing to instruct the jury at the close of all the evidence that the plaintiffs were not entitled to recover; and this because: (a) There was not one scintilla of evidence as to how the boy came to be in the pool, (b) Because in thus submitting the case to the jury, the jury were permitted to speculate as to the manner in which the boy came to be in the pool.
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Appeal from St. Louis City Circuit Court. — Hon. J. Hugo Grimm, Judge. (1) The court erred in refusing to instruct the jury at the close of all the evidence that the plaintiffs were not entitled to recover; and this because: (a) There was not one scintilla of evidence as to how the boy came to be in the pool, (b) Because in thus submitting the case to the jury, the jury were permitted to speculate as to the manner in which the boy came to be in the pool. (2) It is a well-settled rule that if an injury may have resulted from more than one cause, for one of which and not the other, the…
1Opinion of the CourtWoodson, J.
The plaintiffs brought this suit in the circuit court of the city of St. Louis, against the *349defendant, to recover the snm of $10,000 damages sustained by them, on account of the death of their minor son, Cecil Capp, caused by the alleged negligence of the city in not properly guarding a pool of water' (which will be presently described) in Forest Park, in which the deceased fell and was drowned.
A trial was had before the court and a jury, and after hearing the evidence and the instructions of the court, the jury found the issues for the plaintiffs and assessed their damages at $2500. Upon the…
2Cases cited36 opinions
- Railroad Co. v. StoutSupreme Court of the United States · 1874
- Powers v. HarlowMichigan Supreme Court · 1884
- Beck v. . CarterNew York Court of Appeals · 1877
- Buesching v. St. Louis Gaslight Co.Supreme Court of Missouri · 1880
- City of Pekin v. McMahonIllinois Supreme Court · 1895
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3Cited by40 opinions
- Gebhardt v. Village of Lagrange ParkIllinois Supreme Court · 1933
- Boise Development Co. v. Boise CityIdaho Supreme Court · 1917
- City of Kokomo v. LoyIndiana Supreme Court · 1916
- Warden v. City of GraftonWest Virginia Supreme Court · 1925
- Davoren v. Kansas CitySupreme Court of Missouri · 1925
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