J. Q. Lloyd Chemical Co. v. G. Mathes & Sons Rag Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Wto. M. Kinsey, Judge. (1) (a) The cause of action declared upon is not bottomed npon any statute. Therefore, proof of specific acts of negligence on the part of defendant was a prerequisite to a recovery by plaintiff. Catron v. Nichols, 81 Mo. 80; Coffman v. McCauslin, ■ 70 Mo.
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Appeal from St. Louis City Circuit Court. — Hon. Wto. M. Kinsey, Judge. (1) (a) The cause of action declared upon is not bottomed npon any statute. Therefore, proof of specific acts of negligence on the part of defendant was a prerequisite to a recovery by plaintiff. Catron v. Nichols, 81 Mo. 80; Coffman v. McCauslin, ■ 70 Mo. App. 34; Smith v. Railroad, 37 Mo. 287. (b) Plaintiff’s instruction number 1 is erroneous for the reason that it did not define the issue of negligence which the jury were to try nor submit any specific act of negligence to them, but permitted them to return a verdict…
1Opinion of the CourtGoode, J.
Plaintiff and defendant are both incorporated companies, and the former sues for damages sustained by the burning of personal property owned by it and contained in a one-story brick and frame building on the east side of De Baliviere avenue in the city of St. Louis, which plaintiff occupied as tenant, and where it manufactured chemical compounds. The property destroyed consisted of furniture, machinery, apparatus, fixtures, partitions, stock and other articles. On the Avest side of De Baliviere and opposite the building occupied by plaintiff, stand extensive car sheds of the United Railways…
2Cases cited14 opinions
- Grand Trunk Railroad v. RichardsonSupreme Court of the United States · 1876
- Sheldon v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1856
- Spaulding v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1872
- Field v. New York Central RailroadNew York Court of Appeals · 1865
- Clark v. WillettCalifornia Supreme Court · 1868
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