Clonts v. Laclede Gas Light Co.
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Son. Charles Glaflin Allen, Judge. (1) Clonts did .not receive tlie fatal shock from electricity which defendant had negligently or otherwise permitted at all times to pervade its premises, bnt from the invasion of foreign electricity. The shock was dne to a cause of which defendant had no knowledge and over which it had no control. The case is one, not of variance, bnt of a total failure of proof.
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Appeal from the St. Louis City Circuit Court. — Son. Charles Glaflin Allen, Judge. (1) Clonts did .not receive tlie fatal shock from electricity which defendant had negligently or otherwise permitted at all times to pervade its premises, bnt from the invasion of foreign electricity. The shock was dne to a cause of which defendant had no knowledge and over which it had no control. The case is one, not of variance, bnt of a total failure of proof. R. S. 1899, secs. 655, 798; Hogan v. Railway, 150 Mo. 36; Chitty v. Railroad, 148 Mo. 75; Harper v. Railroad, 44 Mo. 488; Current v. Railroad, 86 Mo.…
1Opinion of the CourtNixon, P. J.
This was an action brought by the minor children of S. C. Clonts for damages for his death while employed by the appellant in operating an electric elevator. Judgment in the trial court was for the respondents in the sum of five thousand dollars, and the case is here on defendant’s appeal.
The appellant company maintained a building at the corner of Convent and Second streets in the city of St. Louis known as Station A. It was used for generating and storing fuel and illuminating gas. This building was equipped with an electric elevator. Clonts, the deceased, was in the employ of the appellant…
2Cases cited14 opinions
- Geismann v. Missouri-Edison Electric Co.Supreme Court of Missouri · 1903
- Chitty v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1899
- Hogan v. Citizens' Railway Co.Supreme Court of Missouri · 1899
- Winkelman v. Kansas City Electric Light Co.Missouri Court of Appeals · 1905
- Bohn v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1891
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3Cited by2 opinions
- Clonts v. Laclede Gas Light Co.Missouri Court of Appeals · 1911
- Hurst v. Nineteen Hundred Nine Mining Co.Missouri Court of Appeals · 1911