Dowell v. Guthrie
Supreme Court of Missouri
Appeal from, Bike Circuit Court. — Hon. E. M. Hughes, Judge. (1) The defendants were in charge of fireworks with which they were giving a pyrotechnic display, were in the heart of a populous part of the city, and the streets immediately surrounding them were thronged with men, women and children. The law, therefore, ■out of its regard for human life and safety, demanded great care of them. They were bound to exercise more than ordinary care.
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Appeal from, Bike Circuit Court. — Hon. E. M. Hughes, Judge. (1) The defendants were in charge of fireworks with which they were giving a pyrotechnic display, were in the heart of a populous part of the city, and the streets immediately surrounding them were thronged with men, women and children. The law, therefore, ■out of its regard for human life and safety, demanded great care of them. They were bound to exercise more than ordinary care. Whitaker’s Smith on Neg. 231 et ■seq.; Thompson on Neg., pp. 238-248 ; 8cottv. Shepherd, ■2 W. Bl. 892; Bullock v. Babcock, 3 Wend. 391; Morgan v. Cox,…
1Opinion of the CourtBlack, J.
This is a suit for damages brought by the plaintiff against the four defendants who had charge of and gave a pyrotechnic display in the city of Mexico on the night of the eleventh of November, 1884. The plaintiff was hit in the face by a sky rocket which broke his cheek bone and destroyed one eye.' There was a verdict and judgment for deféndants, to reverse which the plaintiff prosecutes this appeal.
The petition states that defendants negligently selected the veranda of the court house for the purpose of giving the display; and that they so carelessly and negligently handled and shot off the…
2Cases cited6 opinions
- Morris v. PlattSupreme Court of Connecticut · 1864
- Morgan v. CoxSupreme Court of Missouri · 1856
- Paxton v. BoyerIllinois Supreme Court · 1873
- Conklin v. ThompsonNew York Supreme Court · 1859
- Anderson v. GriffithSupreme Court of Missouri · 1877
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3Cited by13 opinions
- Haddon v. LotitoSupreme Court of Pennsylvania · 1960
- O'Malley v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1892
- Indianapolis Street Railway Co. v. DarnellIndiana Court of Appeals · 1903
- Moore v. City of BloomingtonIndiana Court of Appeals · 1911
- Dowell v. GuthrieSupreme Court of Missouri · 1893
8 more not listed; retrieve them via the Exa API.