Gannon v. Laclede Gas Light Co.
Supreme Court of Missouri
Appeal from St. Louis County Circuit Court. — Hon. Rudolph Hirzel, Judge. (1) No rule of law is better settled than that the negligence proved must conform to that charged in the petition ; and a fortiori, that if the plaintiff fails to prove the negligence alleged against the defendant, a demurrer to the evidence should be sustained.
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Appeal from St. Louis County Circuit Court. — Hon. Rudolph Hirzel, Judge. (1) No rule of law is better settled than that the negligence proved must conform to that charged in the petition ; and a fortiori, that if the plaintiff fails to prove the negligence alleged against the defendant, a demurrer to the evidence should be sustained. Gurley v. Bail-road, 93 Mo. 445; Haynes v. Trenton, 108 Mo. 123; Buffington v. Railroad, 64 Mo. 246; Price v. Railroad, 72 Mo. 414; Waldhier v. Rail/road, 71 Mo. 514; Leslie v. Railroad, 88 Mo. 54. (2) A verdict which has no substantial evidence to support it…
1DissentMarshall, J.
(dissenting). — The importance of the legal principles involved in this case and the fact that in some respects it is the first case of its kind that has reached this court, demands that I shall give my reasons for my dissent from the opinion of the majority of the court.
To understand the points involved and to appreciate the force of my dissent it is necessary to state the case more fully than is done in the opinion of the majority.
The. suit is an action for damages for the death of plaintiff’s husband. The petition avers that the defendant is a duly incorporated Missouri corporation,…
2Cases cited40 opinions
- Mullen v. . St. JohnNew York Court of Appeals · 1874
- Haynes v. Kaleigh Gas Co.Supreme Court of North Carolina · 1894
- Jackson v. HardinSupreme Court of Missouri · 1884
- Hamilton v. MarksSupreme Court of Missouri · 1876
- American Brewing Ass'n v. TalbotSupreme Court of Missouri · 1897
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