Legal Opinion

McAnany v. Shipley

Missouri Court of Appeals

Decided February 15, 1915PublishedCited by 11 opinions

Anneal from Jackson Circuit Court. — Ron. Jos. A. Guthrie, Judge. (1) The demurrer offered by the defendant, at the close of the plaintiff’s testimony, should have been sustained. Smart v. Kansas City, 91 Mo.

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Anneal from Jackson Circuit Court. — Ron. Jos. A. Guthrie, Judge. (1) The demurrer offered by the defendant, at the close of the plaintiff’s testimony, should have been sustained. Smart v. Kansas City, 91 Mo. App. 586; Stanley v. Railroad, 114 Mo. 606; Epperson v. Telegraph Co., 155 Mo. 346; Warner v. Railroad, 178 Mo. 125; Smith v. Bank, 99 Mass. 605; Searless v. Railroad, 101 N. Y. 661; Walters v. Ross, 100 Minn. 7,110 N. W. 252, 12 L. R. A. (N. S.) 721; Ryder v. McKenzie, 62 Minn. 85, 34 L. R. A. 557; O ’Dell v. Soloman, 99 N. Y. 635,18 Jones & S. 119; Knorpp v. Wagner, 195 Mo. 638; Smith…

1Opinion of the CourtEllison, P. J.

Plaintiff’s action was .instituted to recover damages for personal injuries alleged to have been inflicted through the negligence of defendant. The judgment in the trial court was for the plaintiff.

*399Defendant was the tenant in possession of a certain building situate within a few feet of the street and sidewalk in Kansas City. Plaintiff was struck and injured by a board which was blown from the building while he was passing along the walk. The petition charges general negligence only. But plaintiff himself assumed to prove and did prove specific negligence by clearly and fully showing just…

2Cases cited6 opinions

  1. Price v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1909
  2. Orcutt v. Century Building Co.Supreme Court of Missouri · 1907
  3. McGrath v. St. Louis Transit Co.Supreme Court of Missouri · 1906
  4. Burge v. Wabash RailroadSupreme Court of Missouri · 1912
  5. Cassady v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1903

1 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Throop v. FE Young and CompanyArizona Supreme Court · 1963
  2. Conduitt v. Trentonton Gas & Electric Co.Supreme Court of Missouri · 1930
  3. Heffter v. Northern States Power Co.Supreme Court of Minnesota · 1927
  4. Heidt v. People's Motorbus Co.Missouri Court of Appeals · 1926
  5. Knies v. LangNebraska Supreme Court · 1928

6 more not listed; retrieve them via the Exa API.

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