Clack v. Southern Electrical Supply Co.
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. John. A. Talty, Judge. The mere allegation and proof that defendant ‘‘occupied” the premises described in the petition is not sufficient. There should be the further showing that defendant had exclusive occupancy, or that it had control of the premises. Cooley on Torts, p. 609; Whit-taker’s Smith on Neg., p. 82; 12 Am. and Eng. Ency. Law, 689; O’Donnell v. Patton, 117 Mo. 18; Griffith v. Lewis, 17 Mo.
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Appeal from the St. Louis City Circuit Court. — Hon. John. A. Talty, Judge. The mere allegation and proof that defendant ‘‘occupied” the premises described in the petition is not sufficient. There should be the further showing that defendant had exclusive occupancy, or that it had control of the premises. Cooley on Torts, p. 609; Whit-taker’s Smith on Neg., p. 82; 12 Am. and Eng. Ency. Law, 689; O’Donnell v. Patton, 117 Mo. 18; Griffith v. Lewis, 17 Mo. App. 605; Shipley v. Fifty Ass’n, 101 Mass. 254; Same v. Same, 106 Id. 194; Moore v. Goedel, 34 N. T. 527; Jennings v. Van Schaick, 108 Id.…
1Opinion of the CourtBiggs, J.
The plaintiff sues for personal injuries. The answer contains a general denial and a plea of contributory negligence.
The undisputed facts are these: On the twenty-ninth day of May, 1895, the defendant occupied the first floor and basement of a building. It was engaged in the sale of electrical supplies, and had its goods stored in both apartments. The basement was reached by a stairway at the back end of the store room. On the day above mentioned the plaintiff went into the store for the purpose of buying some wire. He informed one of the defendant’s salesmen of his business, and the salesman…
2Cases cited3 opinions
- Sparks v. Dispatch Transfer Co.Supreme Court of Missouri · 1891
- McNichols v. NelsonMissouri Court of Appeals · 1891
- Harrison v. Kansas City, Clinton & Springfield RailroadMissouri Court of Appeals · 1892
3Cited by3 opinions
- Martin v. Maxwell-Brisco Motor Vehicle Co.Missouri Court of Appeals · 1911
- Hill v. Bank of SenecaMissouri Court of Appeals · 1901
- Ashby v. Illinois Terminal RailroadMissouri Court of Appeals · 1939