Grogan v. Broadway Foundry Co.
Supreme Court of Missouri
Appeal from, St. Louis Court of Appeals. (1) The court erred in giving plaintiff ’ s instructions one and two. These instructions directed the jury to find for the plaintiff, if they believed from the evidence that the wall’s falling was caused, either by the removal of machinery, iron and lateral supports, or by the damage done by the fire. We insist that such is not the law.
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Appeal from, St. Louis Court of Appeals. (1) The court erred in giving plaintiff ’ s instructions one and two. These instructions directed the jury to find for the plaintiff, if they believed from the evidence that the wall’s falling was caused, either by the removal of machinery, iron and lateral supports, or by the damage done by the fire. We insist that such is not the law. If the taking away the machinery, iron and debris did not tend to weaken the lateral support of the wall, and make it more liable to fall, then this defendant is not liable for the injuries complained of. Tliis…
1Opinion of the CourtNorton, J.
This case is before us on the appeal of defendants from the action of the St. Louis court of appeals affirming a judgment of the circuit court of the city of St. Louis, rendered for plaintiff, in the sum of $3,'500, for the killing of her son by the alleged negligence of defendants. The evidence shows that plaintiff’s, son, about ten years of age, was killed in Collins street, in the city of St. Louis, on the thirty-first day of March, 1881, by reason of the brick wall of a building adjacent to said street falling into said street and upon the son of plaintiff, while playing with two other…
2Cases cited8 opinions
- Buesching v. St. Louis Gaslight Co.Supreme Court of Missouri · 1880
- City of Chicago v. MajorIllinois Supreme Court · 1857
- Ihl v. Forty-Second Street & Grand Street Ferry RailroadNew York Court of Appeals · 1872
- Nagel v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1882
- Finney v. BerrySupreme Court of Missouri · 1875
3 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Hildreth v. KeyMissouri Court of Appeals · 1960
- Franke v. City of St. LouisSupreme Court of Missouri · 1892
- Rosenkranz v. Lindell Railway Co.Supreme Court of Missouri · 1891
- City of Elwood v. AddisonIndiana Court of Appeals · 1901
- Dudley v. PrimaNevada Supreme Court · 1968
19 more not listed; retrieve them via the Exa API.