Sipple ex rel. Sipple v. Laclede Gaslight Co.
Missouri Court of Appeals
Appeal from St. Louis Circuit Court. — Hon. Robert M. Foster, Judge. (1) The burden of proof was upon the plaintiff to prove the negligence charged.
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Appeal from St. Louis Circuit Court. — Hon. Robert M. Foster, Judge. (1) The burden of proof was upon the plaintiff to prove the negligence charged. Holly v. Gaslight Co., 8 Gray 123. The jury should have been directed to return a veridct for the defendant: (a) because there was no evidence that the defect in the pipe was due to any negligence on the part of the defendant; (b) because the mere fact of the breakage is no evidence of negligence; (c) because the evidence wholly failed to show that the injury sued for was one which might reasonably have been anticipated, or that it was the…
1Opinion of the CourtNortoni, J.
(after stating the facts) — 1. The jury were amply authorized on the proof to find the deceased exercised due care on his part. He retired as he had a right to do, in his private apartment, which at that time was devoid of odor and gave no indication that the gas was then present or that it would likely reach and permeate the atmosphere in the room.
There was no direct proof introduced on the part of the plaintiff tending to establish any specific neglect of duty on the part of the defendant with respect to the defect or crack in the main from which the gas escaped, the entire proof on this…
2Cases cited14 opinions
- Tilley v. . the H.R.R.R. Co.New York Court of Appeals · 1864
- McIntyre v. . New York Central R.R. Co.New York Court of Appeals · 1867
- Barth v. Kansas City Elevated Railway Co.Supreme Court of Missouri · 1898
- Smith v. Boston Gas Light Co.Massachusetts Supreme Judicial Court · 1880
- Finnegan v. Fall River Gas Works Co.Massachusetts Supreme Judicial Court · 1893
9 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Stephens v. Kansas City Gas CompanySupreme Court of Missouri · 1946
- McClure v. Hoopeston Gas & Electric Co.Illinois Supreme Court · 1922
- Skelly Oil Co. v. HollowayCourt of Appeals for the Eighth Circuit · 1948
- Mishoe v. Atlantic Coast Line R. Co.Supreme Court of South Carolina · 1938
- Julian v. Sinclair Oil & Gas Co.Supreme Court of Oklahoma · 1934
19 more not listed; retrieve them via the Exa API.