Naughton v. Laclede Gaslight Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. O. Orrioh Bishop, Judge. (1) (a) The court erred in refusing to give the peremptory instruction offered hy appellant at the close of all the evidence because there was no evidence to sustain any of the allegations of negligence contained in respondent’s amended petition, (b) Because the evideuce failed to show that any of the alleged acts of negligence caused, or contributed to the cause of the death of Patrick J. Naughton.
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Appeal from St. Louis City Circuit Court. — Hon. O. Orrioh Bishop, Judge. (1) (a) The court erred in refusing to give the peremptory instruction offered hy appellant at the close of all the evidence because there was no evidence to sustain any of the allegations of negligence contained in respondent’s amended petition, (b) Because the evideuce failed to show that any of the alleged acts of negligence caused, or contributed to the cause of the death of Patrick J. Naughton. Breen v. Cooperage Co., 50 Mo. App. 203; Warner v. Railroad, 178 Mo. 125; Fuchs v. City of St. Louis, 167 Mr. 620; Oglesby…
1Opinion of the CourtGoode, J.
This plaintiff is the widow of Patrick Naughton, deceased. While removing ashes from under a boiler in defendant’s gas factory her husband was *196burned so badly that he died four days afterwards. This action was instituted to recover $5,000 damages on account of his death, caused, it is charged, by defendant’s negligence. At one of its gas factories in St. Louis defendant had six boilers about twenty-one feet in length, set side by side. Under each boiler was a furnace. These six furnaces were separated by brick walls twenty-two inches thick and fifty-one inches long. In the front or north end…
2Cases cited4 opinions
- Blundell v. Wm. A. Miller Elevator Manufacturing Co.Supreme Court of Missouri · 1905
- Pryor v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1900
- Walton v. Kansas City, Fort Scott & Memphis RailroadMissouri Court of Appeals · 1890
- Gunther v. RoyMissouri Court of Appeals · 1898
3Cited by5 opinions
- Reynolds v. Publishers: George Knapp & Co.Missouri Court of Appeals · 1911
- Howard v. Scarritt Estate Co.Missouri Court of Appeals · 1912
- Batesell v. American Zinc, Lead & Smelting Co.Missouri Court of Appeals · 1915
- Dillon v. WeinbergMissouri Court of Appeals · 1924
- Batesell v. American Zinc, Lead & Smelting Co.Missouri Court of Appeals · 1915