Legal Opinion

Dowell v. Guthrie

Supreme Court of Missouri

Decided June 19, 1893PublishedCited by 9 opinions

Appeal from Pike Circuit Court. — Hon. E. M. Hughes, Judge. (1) The defendants were in charge of fireworks with which they were giving a pyrotechnic display; were in the heart of a populous part of the city, and streets immediately surrounding them were thronged with men, women and children. The law, therefore, out of regard for human life and safety, demanded great care of them. They were bound to exercise more than ordinary care.

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Appeal from Pike Circuit Court. — Hon. E. M. Hughes, Judge. (1) The defendants were in charge of fireworks with which they were giving a pyrotechnic display; were in the heart of a populous part of the city, and streets immediately surrounding them were thronged with men, women and children. The law, therefore, out of regard for human life and safety, demanded great care of them. They were bound to exercise more than ordinary care. Whitaker’s Smith on Negligence, ■231, et seq.; Thompson on Negligence, pp. 238-248; Scott v. Shepherd, 2 W. Bl. 892; Bullock v. Babcock, 3 Wend. 391; Morgan v.…

1Opinion of the CourtBrace, J.

the evening of the eleventh of November, 1884, at a celebration of the political victory achieved by the Democratic party in the general election of that year, the plaintiff was struck and seriously injured by a sky-rocket accidentally discharged from the veranda of the court house in the city of Mexico; and this suit is brought against the defendants, who had charge of the pyrotechnic display on that occasion, to recover damages for the plaintiff’s injuries. The case has been here before and is reported in 99 Mo. 653. The evidence upon the retrial was substantially the same as before and the…

2Cases cited2 opinions

  1. Morris v. PlattSupreme Court of Connecticut · 1864
  2. Dowell v. GuthrieSupreme Court of Missouri · 1889

3Cited by9 opinions

  1. Stumpf v. Panhandle Eastern Pipeline Co.Supreme Court of Missouri · 1945
  2. Glasscock v. Swafford Bros. Dry Goods Co.Missouri Court of Appeals · 1904
  3. Beebe v. St. Louis Transit Co.Supreme Court of Missouri · 1907
  4. Katherine White & Maryland Casualty Co. v. BunnSupreme Court of Missouri · 1940
  5. Sharp v. City of CarthageSupreme Court of Missouri · 1928

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