Phelan v. Granite Bituminous Paving Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Eon. Dmiel D. Fisher, Judge. (1) No actionable negligence on the part of defendant was shown, (a) Defendant owed to plaintiff no duty which it failed to perform toward him. Atherton v. ' Coal & Coke Co., 106 Mo. App. 591, 81 S. W. 223; Barry v. Cemetery Ass’n, 106 Mo. App. 358, 362, 80 S. W. 709; Glaser v. Rothschild, 106 Mo. App. 418, 424, 80 S. W. 332; Pueschell v. Kansas City Wire & Iron Works, 79 Mo.
Read the full summary
Appeal from St. Louis City Circuit Court. — Eon. Dmiel D. Fisher, Judge. (1) No actionable negligence on the part of defendant was shown, (a) Defendant owed to plaintiff no duty which it failed to perform toward him. Atherton v. ' Coal & Coke Co., 106 Mo. App. 591, 81 S. W. 223; Barry v. Cemetery Ass’n, 106 Mo. App. 358, 362, 80 S. W. 709; Glaser v. Rothschild, 106 Mo. App. 418, 424, 80 S. W. 332; Pueschell v. Kansas City Wire & Iron Works, 79 Mo. App. 459, 462; Gurley v. Railroad, 104 Mb. 211, 223, 16 S. W. 11; Roddy v. Railroad, 104 Mo. 234, 244, 15- S. W. 1112; (b) There was no evidence in…
1Opinion of the CourtBland, P. J.
(after, stating the facts). — 1. At the close of all the evidence the defendant moved the court to instruct that under the law and the evidence plaintiff was not entitled to recover. The refusal to grant this instruction is assigned as error. The instruction was in the nature of a demurrer to the evidence and the plaintiff should have the most favorable view of his case that the evidence warrants and every reasonable inference therefrom. [Pope v. Railway, 99 Mo. 400; 12 S. W. 891; Larson v. Railway, 110 Mo. 234; 19 S. W. 416; City of St. Louis v. Railway, 114 Mo. 13; 21 S. W. 202; Young v.…
2Cases cited14 opinions
- Sawyer v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1866
- Clark v. HammerleSupreme Court of Missouri · 1858
- Lafayette County Bank v. MetcalfMissouri Court of Appeals · 1888
- Larson v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1892
- City of St. Louis v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1893
9 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Phelan v. Granite Bituminous Paving Co.Supreme Court of Missouri · 1910
- Riley v. O'KellySupreme Court of Missouri · 1913
- O'Donnell v. O'NeillMissouri Court of Appeals · 1908
- Hurst v. Nineteen Hundred Nine Mining Co.Missouri Court of Appeals · 1911
- Phelan v. Granite Bituminous Paving Co.Missouri Court of Appeals · 1914