Stone v. Hunt
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon„ George W. Lubke, Judge. (T) The plaintiff should have been non-suited. 82 Mo. 150. The case as established falls within the rule that the owner is not responsible for the damages done •on or by the use of real estate when the relation of master and servant does not exist between him and the. person causing the injury.
Read the full summary
Appeal from St. Louis City Circuit Court. — Hon„ George W. Lubke, Judge. (T) The plaintiff should have been non-suited. 82 Mo. 150. The case as established falls within the rule that the owner is not responsible for the damages done •on or by the use of real estate when the relation of master and servant does not exist between him and the. person causing the injury. Berry v. St. Louis, 17 Mo. 125 ; Morgan v. Bowman, 22 Mo. 546; Ciarle v. Railroad, 36 Mo. 228 ; Whart. on Neg., sec. 818 ; Thomp. on Neg., secs. 914-15; Blumb v. Kansas City, 84 Mo. 112. (2) The third instruction given by the…
1Opinion of the CourtSherwood, J.
Action for damages caused by the falling of the walls of the building of Charles L. Hunt. The petition charges that, about the fourteenth day of' November, 1877, the interior and combustible portions of defendant’s building were destroyed by fire, leaving ce rtain interior and exterior walls and chimneys standing ; that, from the time of said fire until the seventeenth *478day ox November, 1877, said walls and chimneys were, as the defendant well knew, in an unsafe, insecure, and dangerous condition, and were a nuisance and liable at any time to fall over and upon the adjoining premises and cause…
2Cases cited6 opinions
- Peck v. RitcheySupreme Court of Missouri · 1877
- Frederick v. AllgaierSupreme Court of Missouri · 1886
- Comer v. TaylorSupreme Court of Missouri · 1884
- Washington Mutual Fire Insurance v. St. Mary's SeminarySupreme Court of Missouri · 1873
- Moffatt v. ConklinSupreme Court of Missouri · 1865
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Baker v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1894
- Benjamin v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1912
- St. Louis, Keokuk & Northwestern Railroad v. St. Louis Union Stock Yards Co.Supreme Court of Missouri · 1894
- Weller v. Chicago, Milwaukee & St. Paul RailroadSupreme Court of Missouri · 1901
- Eckhard v. St. Louis Transit Co.Supreme Court of Missouri · 1905
11 more not listed; retrieve them via the Exa API.