Lee v. Publishers Knapp & Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Son. John A. Tally, Judge. (1) Tbe court below erred, in giving plaintiff’s instruction, numbered 3, of its own motion. The effect of this instruction was to allow plaintiff to recover, even though the accident happened in a way different from that set out in plaintiff’s petition.
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Appeal from St. Louis City Circuit Court. — Son. John A. Tally, Judge. (1) Tbe court below erred, in giving plaintiff’s instruction, numbered 3, of its own motion. The effect of this instruction was to allow plaintiff to recover, even though the accident happened in a way different from that set out in plaintiff’s petition. Plaintiff alleged that deceased was caused to be thrown or fall from the elevator, and this instruction allows plaintiff to recover if deceased stepped or jumped from the elevator. Where a petition charges a specific act of negligence, an instruction is improper which…
1Opinion of the CourtBrace, P. J.
On the 12th of September, 1892, General Robert E. Lee, a boy about 12 years of age, generally known by the name of Willie, was killed by a fall from the cage or car of an elevator belonging to and being operated by defendant in its five story building on the corner of Third and Chestnut streets in the city of St. Louis.
This action was originally brought by the father and mother of said child to recover damages for his death, and upon a trial thereof resulted in a verdict and judgment for the plaintiffs in the circuit court for the sum of $1,600. On appeal by defendant from that judgment, to…
2Cases cited2 opinions
- Lee v. Publishers George Knapp & Co.Supreme Court of Missouri · 1897
- Lee v. Publishers, George Knapp & Co.Missouri Court of Appeals · 1893
3Cited by15 opinions
- Orcutt v. Century Building Co.Supreme Court of Missouri · 1907
- Hurst v. Kansas City, Pittsburg & Gulf RailroadSupreme Court of Missouri · 1901
- State Ex Rel. Kurn v. HughesSupreme Court of Missouri · 1941
- Cubbage v. Estate of Conrad Youngerman, Inc.Supreme Court of Iowa · 1912
- Hensler v. StixMissouri Court of Appeals · 1905
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