Williamson v. Fischer
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. Tbe petition contains a cause of action ex delicto and a cause of action ex contractu. The judgment could not have stood had appellant obtained a verdict. ’ This manner of pleading comes clearly within the prohibition of the statute. (Wagn.
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Appeal from St. Louis Circuit Court. Tbe petition contains a cause of action ex delicto and a cause of action ex contractu. The judgment could not have stood had appellant obtained a verdict. ’ This manner of pleading comes clearly within the prohibition of the statute. (Wagn. Stat. 1012; § 2; Barada v. Carondelet, 16 Mo. 24ü ; Jamison v. Copher, 35 Mo. 483 ; Aderlin v. Judge, 36 Mo. 350 ; Lambert v. Blumenthal, 26 Mo. 471; Gott v. Powell, 41 Mo. 416; Peyton v. Rose, 41 Mo; -257; Curd v. Lackland, 43 Mo. 139; Young v. Coleman, id. 179; Gray v. Payne, 43 Mo. 205.)
1Opinion of the CourtBliss, Judge
The plaintiff was the owner of a brick dwelling in St. Louis, and in his petition charges defendant with so carelessly and negr ligently excavating a cellar, upon an adjoining lot on the north, as to cause his dwelling to fall; and also by another count charges him with agreeing to prop up and support the plaitiff’s north wall so as to protect it from damage in consequence of such excavation. Upon the trial he offered evidence tending to show that the defendant, as owner of a building to be erected, directed his contractor to build sixty-six feet front when the space to be covered between the…
2Cases cited2 opinions
- House v. LowellSupreme Court of Missouri · 1870
- Mincke v. SkinnerSupreme Court of Missouri · 1869
3Cited by12 opinions
- Baustian v. YoungSupreme Court of Missouri · 1899
- Fuller v. RobinsonSupreme Court of Missouri · 1910
- Press v. PennySupreme Court of Missouri · 1912
- Southwestern Bell Telephone Co. v. Rawlings Manufacturing Co.Missouri Court of Appeals · 1962
- State v. BowmanSupreme Court of Missouri · 1917
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