Welch v. McAllister
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Thayer, J. The plaintiff was a mere volunteer on the defendant’s premises. — Murray v. McLean, 57 111. 378; Zoebisch v. Tarbell, 10 Allen, 385. There was no evidence of permanent injury to support the instructions given. — Steinecke v. Marx, 10 Mo.
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Appeal from the St. Louis Circuit Court, Thayer, J. The plaintiff was a mere volunteer on the defendant’s premises. — Murray v. McLean, 57 111. 378; Zoebisch v. Tarbell, 10 Allen, 385. There was no evidence of permanent injury to support the instructions given. — Steinecke v. Marx, 10 Mo. App. 581; Krech v. Pacific Railroad Co., 64 Mo. 172 ; Clark v. St. Louis, etc., Railroad Co., 64 Mo. 440; Lillis v. St. Louis, etc., Railroad Co., 64 Mo. 464; Huffman v. Ackley,- 34 Mo. 277 ; Gistv. Craig, 60 M6. 487 ; Harrison v. Cachelin, 27 Mo. 26 ; Bradford v. Pearson, 12 Mo. 71; Cobb v. Fogalman, 1…
1Opinion of the CourtThompson, J.
This cause was before the court at a former term (13 Mo. App. 89), and we reversed the judgment of the circuit court on the ground that the jury had awarded nominal damages only, whereas the evidence showed that a very substantial injury had been suffered. On the trial in the circuit court, from which this appeal has been taken, the plaintiff had a verdict and judgment for $500. We are asked to reverse this judgment on the ground that the court erred: 1. In refusing an instruction for a non-suit at the close of the plaintiff’s case. 2. In submitting the question of permanent injury to the…
2Cases cited4 opinions
- Carleton v. Franconia Iron & Steel Co.Massachusetts Supreme Judicial Court · 1868
- Pastene v. AdamsCalifornia Supreme Court · 1874
- Totten v. . PhippsNew York Court of Appeals · 1873
- Welch v. McAllisterMissouri Court of Appeals · 1882
3Cited by25 opinions
- J. G. Christopher Co. v. RussellSupreme Court of Florida · 1912
- Main v. LehmanSupreme Court of Missouri · 1922
- Vogt v. WurmbSupreme Court of Missouri · 1927
- Bunnell v. . SternNew York Court of Appeals · 1890
- Kennedy v. PhillipsSupreme Court of Missouri · 1928
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