Callahan v. Warne
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. I. Tlie court below erred in refusing to give the first instruction asked by the defendants, namely, that upon the whole evidence the plaintiff was hot entitled to recover. This instruction was asked, at the close of the plaintiff’s case, as in effect a demurrer to the evidence.
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Appeal from St. Louis Circuit Court. I. Tlie court below erred in refusing to give the first instruction asked by the defendants, namely, that upon the whole evidence the plaintiff was hot entitled to recover. This instruction was asked, at the close of the plaintiff’s case, as in effect a demurrer to the evidence. To make a prima facie case in this action, the plaintiff must have shown acts on the part of the defendants which led to the death of the plaintiff’s husband, and that the latter could not have avoided his fate by exercising reasonable and ordinary care, The burden of proof was on…
1Opinion of the CourtHolmes, Judge
The plaintiff brings this suit under the provisions of the “Act concerning damages”—R. C. 1855, p. 647. The substance of the complaint was, that the defendants, carrying on the business of merchants in a general house-furnishing store in the building No. 125 North Fourth street, in the city of St. Louis, and whilst the plaintiff’s husband was employed in repairing a sewer in the cellar of the building and was lawfully passing and repassing through the same in and about his business, negligently, carelessly and wrongfully placed three large jars in said cellar, two of them containing water and…
2Cases cited5 opinions
- Clark's v. HannibalSupreme Court of Missouri · 1865
- Trow v. Vermont Central RailroadSupreme Court of Vermont · 1852
- Sawyer v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1866
- Boland v. Missouri RailroadSupreme Court of Missouri · 1865
- Smith v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1866
3Cited by24 opinions
- Dodge v. GaylordIndiana Supreme Court · 1876
- Martin v. Bengue, Inc.Supreme Court of New Jersey · 1957
- Powell v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1882
- Heizer v. Kingsland & Douglass Manufacturing Co.Supreme Court of Missouri · 1892
- Daugherty v. HerzogIndiana Supreme Court · 1896
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