Scott v. City of Springfield
Missouri Court of Appeals
Appeal from the Polk Circuit Court. — Hon. Argus Cox, Judge. (1) There is not a scintilla of evidence to support the material allegations. Nor was there any attempt to support them. But against appellant’s objections, the court permitted the respondent to attempt to make a totally different case, and submitted an entirely different ease to the jury by instructions. This gross error needs.neither argument nor citation of authorities. Meriwether v. Cable Co., 45 Mo.
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Appeal from the Polk Circuit Court. — Hon. Argus Cox, Judge. (1) There is not a scintilla of evidence to support the material allegations. Nor was there any attempt to support them. But against appellant’s objections, the court permitted the respondent to attempt to make a totally different case, and submitted an entirely different ease to the jury by instructions. This gross error needs.neither argument nor citation of authorities. Meriwether v. Cable Co., 45 Mo. App. 528; Jacquin v. Cable Co., 57 Mo. App. 320; Woods v. Campbell, 110 Mo. 512; Tarnell v. Eailway, 113 Mo. 570; Bohn v. Eailway,…
1Opinion of the CourtSmith, P. J.
This is an action by the plaintiff, who is the widow of John R. Scott, deceased, against the defendant, *316a city of the third class, to recover damages on account of the fatal injuries received by the plaintiff’s said husband in consequence of the negligence of the defendant city.
The defendant city entered into a written contract with one Enoch Plummer whereby the latter agreed to lay a sewer pipe on Phelp’s avenue in the defendant city. It further appears from the record .that the said Plummer was joined with the defendant and filed an answer in the cause. There was a trial in the circuit…
2Cases cited18 opinions
- Clark's v. HannibalSupreme Court of Missouri · 1865
- Bradley v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Missouri · 1897
- O'Mellia v. Kansas CitySupreme Court of Missouri · 1893
- Cook v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1885
- Doyle v. Missouri, Kansas & Texas Trust Co.Supreme Court of Missouri · 1897
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3Cited by7 opinions
- Salmon v. Kansas CitySupreme Court of Missouri · 1912
- Gerber Ex Rel. Gerber v. City of Kansas CitySupreme Court of Missouri · 1924
- Thompson v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1900
- Smith v. Kansas CityMissouri Court of Appeals · 1907
- Devore v. St. Louis & San Francisco Railway Co.Missouri Court of Appeals · 1900
2 more not listed; retrieve them via the Exa API.