Kean v. Smith-Reis Piano Co.
Missouri Court of Appeals
Appeal from tlie Circuit Court of the City of St. Louis. —Hon. Samuel Rosenfeld, Judge. (1) The evidence fails to support the allegations of the petition. Ficldin y. 'Wabash Railroad Company, 115 Mo. App. 639. (2) Error was committed in giving-instructions on behalf of the plaintiff. It was clearly error to submit the case on the theory of - negligence of which there was no evidence. Dalton-v. Railroad, 187 Mo. App. 691; Kendrick v. Harris, 171 Mo.
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Appeal from tlie Circuit Court of the City of St. Louis. —Hon. Samuel Rosenfeld, Judge. (1) The evidence fails to support the allegations of the petition. Ficldin y. 'Wabash Railroad Company, 115 Mo. App. 639. (2) Error was committed in giving-instructions on behalf of the plaintiff. It was clearly error to submit the case on the theory of - negligence of which there was no evidence. Dalton-v. Railroad, 187 Mo. App. 691; Kendrick v. Harris, 171 Mo. App. 208; Sparkman v. Railroad, 191 Mo. App. 463; Hearon v. Lumber Co., 224 S. W. 67; Young* v. Wolff, 190 Mo. App. 55; Hamilton v. Metropolitan…
1Opinion of the CourtAllen, J.
This is an action for personal injuries sustained by plaintiff, alleged to have been occasioned by the negligence of the defendant. The trial below, before the court and a jury, resulted in a verdict and judgment for plaintiff in the sum of $2500, and the case is here on defendant’s appeal.
The defendant is a coi*poration maintaining a store abutting on the sidewalk on the north line of Olive street in the city of St. Louis. On the day of plaintiff’s injury, to-wit, on February 22,1917, she was walking eastwardly on the sidewalk in front of plaintiff’s store when a flag pole or staff,…
2Cases cited10 opinions
- Price v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1909
- Orcutt v. Century Building Co.Supreme Court of Missouri · 1907
- McGrath v. St. Louis Transit Co.Supreme Court of Missouri · 1906
- Roscoe v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1907
- Stauffer v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1912
5 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- May Department Stores Co. v. BellCourt of Appeals for the Eighth Circuit · 1932
- Stubblefield v. Federal Reserve Bank of St. LouisSupreme Court of Missouri · 1947
- City of Kennett v. AkersSupreme Court of Missouri · 1978
- Maxie v. Gulf Mobile & Ohio RailroadSupreme Court of Missouri · 1947
- Kuether v. Kansas City Light & Power Co.Missouri Court of Appeals · 1925
2 more not listed; retrieve them via the Exa API.