John G. Kupferle Foundry Co. v. St. Louis Merchants Bridge Terminal Railway Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — lion. William M. Kinsey, Judge. (1) Whether plaintiff was negligent in placing the tank of naphtha where the evidence showed it was at the time of the accident is under all the circumstances, a.fact that, in the judgment of sensible men, would lead to different conclusions.
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Appeal from St. Louis City Circuit Court. — lion. William M. Kinsey, Judge. (1) Whether plaintiff was negligent in placing the tank of naphtha where the evidence showed it was at the time of the accident is under all the circumstances, a.fact that, in the judgment of sensible men, would lead to different conclusions. Plaintiff was not negligent as a matter of law for any of the reasons hereinafter specified; therefore, the case should have been submitted to the jury under appropriate instructions. Weber v. K. C. Cable Ry..Co., 100 Mo. 201; Petty v. Hannibal & St. J. Ry. Co., 88 Mo. 316; Huhn…
1Opinion of the Court
ROY, C.
Plaintiff sued for damages caused by the alleged negligence of defendant in pushing a ear off the end of a switch track against a car containing naphtha, demolishing the car and the box cover over it, causing the naphtha to take fire and thus burning plaintiff’s factory and contents. The trial court sustained a demurrer to the evidence and plaintiff has appealed.
*455The fire occured on the morning of September 7,1912, about four o’clock. Plaintiff’s factory building abutted on the south side of Wright Street between First and Hall Streets. Wright Street at that place was open and used, but…
2Cases cited21 opinions
- Perry v. . Rochester Lime Co.New York Court of Appeals · 1916
- Weller v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Missouri · 1894
- State ex rel. Rose v. JobSupreme Court of Missouri · 1907
- Cantwell v. Columbia Lead Co.Supreme Court of Missouri · 1906
- Kinney v. Koopman & GerdesSupreme Court of Alabama · 1896
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3Cited by4 opinions
- Stack v. General Baking Co.Supreme Court of Missouri · 1920
- Henry v. the First Nat'l Bk. of Kansas CityMissouri Court of Appeals · 1938
- Alligator Co. v. DuttonCourt of Appeals for the Eighth Circuit · 1940
- Fowler v. Missouri-Kansas-Texas RailroadMissouri Court of Appeals · 1935