Frauenthal v. Laclede Gaslight Co.
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. Defendant’s instruction for nonsuit, at the close of the trial, should have been given. Prom the whole proof, on the undisputed facts, it conclusively appeared that if Earl E. Prauenthal had not taken hoLd of the wire, the injury to him would not have happened; also, that he took hold of it voluntarily and knowing that it was dangerous.
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Appeal from the St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. Defendant’s instruction for nonsuit, at the close of the trial, should have been given. Prom the whole proof, on the undisputed facts, it conclusively appeared that if Earl E. Prauenthal had not taken hoLd of the wire, the injury to him would not have happened; also, that he took hold of it voluntarily and knowing that it was dangerous. This was a negligent act on his part, and was the proximate and efficient cause of his death. It was, therefore, the duty of the trial court to instruct the jury that, on the pleadings…
1Opinion of the CourtRombauer, P. J.
The plaintiffs were the parents of Earl E. Erauenthal, who was killed on a public street by contact with an electric wire owned and operated by the defendant. They brought this suit to recover damages for such killing, and upon its trial *4recovered a verdict and judgment for $1,112.75. The defendant appeals and assigns numerous errors, of which we shall notice only one, as we deem it fatal under the uncontroverted facts to plaintiff’s recovery.
The defendant’s answer .was a general denial, and the plea of Earl E. Frauenthal’s contributory negligence. At the close of the plaintiff’s evidence,…
2Cases cited5 opinions
- Haynes v. Kaleigh Gas Co.Supreme Court of North Carolina · 1894
- Hayes v. Inhabitants of Hyde ParkMassachusetts Supreme Judicial Court · 1891
- Spillane v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1892
- Flagg v. Inhabitants of HudsonMassachusetts Supreme Judicial Court · 1886
- Graham v. City of BostonMassachusetts Supreme Judicial Court · 1892
3Cited by15 opinions
- Thompson v. City of LamarSupreme Court of Missouri · 1929
- Hamilton v. Laclede Electric CooperativeSupreme Court of Missouri · 1956
- State Ex Rel. Kansas City Light & Power Co. v. TrimbleSupreme Court of Missouri · 1926
- Bridges Ex Rel. Bridges v. Arkansas-Missouri Power Co.Missouri Court of Appeals · 1966
- Doggett ex rel. Doggett v. Chicago, Burlington & Quincy Railway Co.Supreme Court of Iowa · 1907
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