Crawshaw v. Sumner
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. I. The third instruction given assumes, as a fact,that the Eire Department had declared this wall to bo in a dangerous condition, and had ordered its removal, thus withdrawing from the jury vital questions at issue as to this very matter. This was gross error. (Thompson- vs. Botts, 8 Mo., 710 ; Chouquette vs. Barada, 28 Mo., 491; Merritt vs. Green, 34 Mo., 98 ; Sawyer vs. Hannibal & St. Jo.
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Appeal from St. Louis Circuit Court. I. The third instruction given assumes, as a fact,that the Eire Department had declared this wall to bo in a dangerous condition, and had ordered its removal, thus withdrawing from the jury vital questions at issue as to this very matter. This was gross error. (Thompson- vs. Botts, 8 Mo., 710 ; Chouquette vs. Barada, 28 Mo., 491; Merritt vs. Green, 34 Mo., 98 ; Sawyer vs. Hannibal & St. Jo. R. R. Co., 37 Mo., 240; Glasgow vs. Lindel], 50 Mo., 60.) II. The first and second instructions given, restrict the injuries, for which plaintiffs could recover, to the…
1Opinion of the Court
Napton, Judge,
deli veiled the opinion of the court.
This suit was brought by the lessees of a store on Fifth Street, under a lease which had four years to run, against the defendant, who was the owner and occupant of the adjoining store, for injuries received by the removal and rebuilding of the partition wall which separated the two buildings.
It seems that these two buildings had, since their erection, had a common wall between them; that the defendant built a third story on his building, and made an excavation to let in an elevator in the ground adjoining this party wall; that after this…
2Cases cited1 opinion
- Slauson v. Albany Railway Co.New York Court of Appeals · 1875
3Cited by14 opinions
- Commonwealth v. GreenbergMassachusetts Supreme Judicial Court · 1959
- Mavrakos v. Mavrakos Candy Co.Supreme Court of Missouri · 1949
- Johnson v. Springfield Traction Co.Missouri Court of Appeals · 1913
- Desberger v. HarringtonMissouri Court of Appeals · 1888
- Renshaw v. Fireman's InsuranceMissouri Court of Appeals · 1889
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