Hill v. Union Electric Light & Power Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Eon. Eugene McQuillin, Judge. (1) The demurrer to the evidence should have been sustained. The petition alleges that the permit granted on this application contained the “express condition” that the Kinloch Company, "and its employees, should enjoy the same rights as to said pole that they theretofore had in the line of-old poles, and that defendant accepted this express condition.
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Appeal from St. Louis City Circuit Court. — Eon. Eugene McQuillin, Judge. (1) The demurrer to the evidence should have been sustained. The petition alleges that the permit granted on this application contained the “express condition” that the Kinloch Company, "and its employees, should enjoy the same rights as to said pole that they theretofore had in the line of-old poles, and that defendant accepted this express condition. It is on this averment that plaintiff justified his presence on the pole when he was hurt. There is absolutely no evidence to support the averment. The only condition…
1Opinion of the CourtWoodson, J.
— The plaintiff brought this suit in the circuit court of the city of St. Louis against the defendant to recover the sum of $35,000 damages for personal injuries sustained by him through the alleged negligence of the company.
A trial was had before the court and a jury, which resulted in a verdict for the plaintiff for $22,500. In proper time a motion for a new trial was filed, and among other reasons assigned therefor was that the verdict was excessive. After due consideration the* court announced that if the plaintiff would remit $4500 of the verdict the motion would be overruled. In…
2Cases cited15 opinions
- Geismann v. Missouri-Edison Electric Co.Supreme Court of Missouri · 1903
- Russell v. Inhabitants of ColumbiaSupreme Court of Missouri · 1881
- City of St. Louis v. Bell Telephone Co.Supreme Court of Missouri · 1888
- Clark v. St. Louis & Suburban Railway Co.Supreme Court of Missouri · 1911
- Crawford v. Kansas City Stock Yards Co.Supreme Court of Missouri · 1908
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3Cited by17 opinions
- McGregor v. Great Northern Railway Co.North Dakota Supreme Court · 1915
- Thompson v. City of LamarSupreme Court of Missouri · 1929
- Morton v. Southwestern Telegraph & Telephone Co.Supreme Court of Missouri · 1920
- City of Weatherford Water, Light & Ice Co. v. VeitCourt of Appeals of Texas · 1917
- Dugdale v. St. Joseph Railway, Light, Heat & Power Co.Missouri Court of Appeals · 1916
12 more not listed; retrieve them via the Exa API.