Scharff v. Southern Illinois Construction Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. O'Neill Ryan, Judge. (1) The- instruction offered by appellant at the close of plaintiff’s case should have been given. Proving the injury alleged to be the consequence of a negligent act does not prove the negligence charged to have been the cause of it. The burden is on the party alleging negligence to prove it as alleged.
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Appeal from St. Louis City Circuit Court. — Hon. O'Neill Ryan, Judge. (1) The- instruction offered by appellant at the close of plaintiff’s case should have been given. Proving the injury alleged to be the consequence of a negligent act does not prove the negligence charged to have been the cause of it. The burden is on the party alleging negligence to prove it as alleged. Buswell on Personal Injuries, sec. Ill; Redmond v. Lumber Co., 96 Mich. 545; Bahr v. Lombard, Ayer & Co., 58 N. J. L. 233; Lamb v. Railroad, 46 N. Y. 271; Kelsey v. Jewett Rec., 28 Hun 51; Boske v. Collopy, 86 111. App.…
1Opinion of the CourtBland, P. J.
(after stating the .facts). — 1. The mere falling of the wall was presumptive evidence that it had been negligently constructed (Tower v. Haar, 114 Mo. 335), but it is insisted that the appellant was not ah independent contractor and for this reason, if for no other, its demurrer to the respondent’s evidence should have been given.
In Larson v. Railway, 110 Mo. 234, 19 S. W. 416, the defendant contracted in writing for the excavation and masonry necessary for the erection of an .engine house. The contract provided that the excavation should be carried “to such general depth as may be indicated…
2Cases cited18 opinions
- Stephens v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1888
- Clark's v. HannibalSupreme Court of Missouri · 1865
- O'Mellia v. Kansas CitySupreme Court of Missouri · 1893
- Hilsdorf v. City of St. LouisSupreme Court of Missouri · 1869
- Barry v. City of St. LouisSupreme Court of Missouri · 1852
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3Cited by9 opinions
- Fitzpatrick v. PenfieldSupreme Court of Pennsylvania · 1920
- Lutz v. New Albany City Plan CommissionIndiana Supreme Court · 1951
- McClung v. County of HenricoSupreme Court of Virginia · 1959
- Carpet City, Inc. v. Stillwater Municipal Hospital AuthoritySupreme Court of Oklahoma · 1975
- Hall v. McConeyMissouri Court of Appeals · 1910
4 more not listed; retrieve them via the Exa API.