Legal Opinion

Lattimore v. Union Electric Light & Power Co.

Missouri Court of Appeals

Decided November 18, 1907PublishedCited by 6 opinions

Appeal from St. Louis City Circuit Court. — Eon. Walter tí. Douglas, Judge. The court erred in refusing to give the peremptory instruction asked by defendánt at the close of plaintiff’s case, and erred in refusing to give the peremptory instruction asked at the close of the whole case. Wheat v. St. Louis, 179 Mo. 572; Coffee v.- Carthage, 186 Mo. 585; Jackson v. Kansas City, 106 Mo. App. 57; Churchman v. Kansas City, 44 Mo. App. 665; Strutt v. Railroad, IS App. Div.

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Appeal from St. Louis City Circuit Court. — Eon. Walter tí. Douglas, Judge. The court erred in refusing to give the peremptory instruction asked by defendánt at the close of plaintiff’s case, and erred in refusing to give the peremptory instruction asked at the close of the whole case. Wheat v. St. Louis, 179 Mo. 572; Coffee v.- Carthage, 186 Mo. 585; Jackson v. Kansas City, 106 Mo. App. 57; Churchman v. Kansas City, 44 Mo. App. 665; Strutt v. Railroad, IS App. Div. N. Y. S. C. 134; Kewaunee v. Depew, 80 111. 119; Yahn v. Ottumwa, 60 la. 429; Gallagher v. Proctor, 84 Me. 41; Conneaut v. Naef,…

1Opinion of the CourtGoode, J.

Plaintiff having been injured by a fall, instituted this action to recover damages from defendant, alleging the accident was due to its negligence. The defendant company was putting in a foundation for a building on the west side of Fourth street in the city of St. Louis, near Lucas avenue. This work was being carried on under a permit from the city au*40thorities regulating in some particulars, the manner of doing it, and the use by defendant, during its progress, of the adjacent sidewalk. A water tap or plug had been sunk at the outer edge of the sidewalk near the curb, in order that a hose…

2Cases cited10 opinions

  1. Congreve v. . SmithNew York Court of Appeals · 1858
  2. Franke v. City of St. LouisSupreme Court of Missouri · 1892
  3. Holloway v. Kansas CitySupreme Court of Missouri · 1904
  4. Barr v. City of KansasSupreme Court of Missouri · 1891
  5. Coffey v. City of CarthageSupreme Court of Missouri · 1905

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3Cited by6 opinions

  1. City & County of Denver v. MaurerSupreme Court of Colorado · 1910
  2. Massey v. WorthSuperior Court of Delaware · 1938
  3. Cline v. City of St. JosephMissouri Court of Appeals · 1952
  4. City of Ashland v. BoggsCourt of Appeals of Kentucky · 1914
  5. Smith v. Clayton Construction Co.Wisconsin Supreme Court · 1926

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