Legal Opinion

Hoffman v. Walsh

Missouri Court of Appeals

Decided February 5, 1906PublishedCited by 10 opinions

Appeal from Jackson Circuit Court. — Eon. J. E. Slover, Judge. (1) There is no evidence that the rock which struck the plaintiff came from the place where the defendant was blasting. Hite v. Railroad, 130 Mo. 132 ;• Stokes v. Burns, 132 Mo. 214; Oglesby v. Railroad, 150 Mo. 137; May v. Crawford, 150 Mo. 504; Cathcart v. Railroad, 19 M'o. App. 113; Summerville v. Railroad, 29 Mo. App. 148; Peck v. Railroad, 31 Mo. App. 123; Smillie v. Dollar Store, 47 Mo.

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Appeal from Jackson Circuit Court. — Eon. J. E. Slover, Judge. (1) There is no evidence that the rock which struck the plaintiff came from the place where the defendant was blasting. Hite v. Railroad, 130 Mo. 132 ;• Stokes v. Burns, 132 Mo. 214; Oglesby v. Railroad, 150 Mo. 137; May v. Crawford, 150 Mo. 504; Cathcart v. Railroad, 19 M'o. App. 113; Summerville v. Railroad, 29 Mo. App. 148; Peck v. Railroad, 31 Mo. App. 123; Smillie v. Dollar Store, 47 Mo. App. 402; Hays v. Railroad, 51 Mo. App. 438; Gerrons v. Wenger, 51 Mo. App. 615; Glick v. Kansas City, 57 Mo. App. 97; Smart v. Kansas City,…

1Opinion of the CourtBroaddus, P. J.

The plaintiff sues for damages, the result of an injury alleged to have been caused by the act of defendant. In July, 1904, he was engaged at his occupation as a bricklayer on the residence of S. H. Vaile at Forty-fifth street and Warwick boulevard, Kansas City, Missouri. The defendant, a contractor, was blasting rock in making an excavation for a sewer under a contract with said city, at a distance of about five hundred feet south of the place where plaintiff was working on a scaffold, on the inside of the west wall of said residence with his face to the west. While plaintiff was stooping…

2Cases cited11 opinions

  1. Losee v. . BuchananNew York Court of Appeals · 1873
  2. Munro v. Pacific Coast Dredging & Reclamation Co.California Supreme Court · 1890
  3. Fitz Simons & Connell Co. v. Braun & FittsIllinois Supreme Court · 1902
  4. Sullivan v. . DunhamNew York Court of Appeals · 1900
  5. St. Peter v. . DenisonNew York Court of Appeals · 1874

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3Cited by10 opinions

  1. Stumpf v. Panhandle Eastern Pipeline Co.Supreme Court of Missouri · 1945
  2. Carson v. Blodgett Construction Co.Missouri Court of Appeals · 1915
  3. Meeker ex rel. Meeker v. Union Electric Light & Power Co.Supreme Court of Missouri · 1919
  4. Smith v. AldridgeMissouri Court of Appeals · 1962
  5. Faust v. PopeMissouri Court of Appeals · 1908

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