Moloney v. Boatmen's Bank
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Thomas G. Hennings, Judge. (1) Instruction number seven given for defendant was erroneous, because it ignored the issue of defendant’s negligence in failing to brace or secure the wall. Price v. Met. St. Ry. Co., 220 Mo. 463; Orr v. Bradley, 126 Mo. App. 148; Steffens v. Fisher, 161 Mo. App. 395. (a) The burden was upon defendant to show that the fall of the wall was not due to negligence on defendant’s part in any respect.
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Appeal from St. Louis City Circuit Court. — Hon. Thomas G. Hennings, Judge. (1) Instruction number seven given for defendant was erroneous, because it ignored the issue of defendant’s negligence in failing to brace or secure the wall. Price v. Met. St. Ry. Co., 220 Mo. 463; Orr v. Bradley, 126 Mo. App. 148; Steffens v. Fisher, 161 Mo. App. 395. (a) The burden was upon defendant to show that the fall of the wall was not due to negligence on defendant’s part in any respect. Turner v. Haar, 114 Mo. 346; Franke v. City, 110 Mo. 526; Teepen v. Taylor, 141 Mo. App. 286; Scharff v. Const. Co., 115…
1Opinion of the CourtHigbee, P. J.
The defendant owned a seven-and-a-half story brick building at the northwest corner of the intersection of Fourth. Street and Washington Avenue in the City of St. Louis, fronting 100 feet on Washington Avenue and extending north about 120 feet-.The greater portion of it was occupied by the Missouri Athletic Club. This building was about 90 feet in height. The west wall was 30 inches thick at the base and 18 inches at the top; the west side was perpendicular; the east side was broken by steps or offsets about 20 feet apart where the wall was reduced in thickness. There were rows of windows in…
2Cases cited11 opinions
- Kyles v. Southern Railway Co.Supreme Court of North Carolina · 1908
- Drey v. DoyleSupreme Court of Missouri · 1889
- Honea v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1912
- Orr v. BradleyMissouri Court of Appeals · 1907
- State v. FloydSupreme Court of Missouri · 1852
6 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Sheinbein v. First Boston Corp.Missouri Court of Appeals · 1984
- Grindstaff v. TygettMissouri Court of Appeals · 1983
- Koebel Ex Rel. Koebel v. Tieman Coal & Material Co.Supreme Court of Missouri · 1935
- State v. BarryWashington Supreme Court · 2015
- Wright v. Quattrochi.Supreme Court of Missouri · 1932
7 more not listed; retrieve them via the Exa API.