Trower ex rel. Trower v. City of Louisiana
Missouri Court of Appeals
Appeal from the Circuit Court of Audrain County.— Hon. James D. Barnett, Judge. The objection to the introduction of any evidence should have been sustained, and the demurrer to the evidence should have been given, because: (1) Plaintiff bases his cause of action solely on the negligence of defendant in permitting an unlawful obstruction, to-wit, a shooting gallery, to be placed on one of its streets.
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Appeal from the Circuit Court of Audrain County.— Hon. James D. Barnett, Judge. The objection to the introduction of any evidence should have been sustained, and the demurrer to the evidence should have been given, because: (1) Plaintiff bases his cause of action solely on the negligence of defendant in permitting an unlawful obstruction, to-wit, a shooting gallery, to be placed on one of its streets. He does not charge that the alleged permitting of the' shooting gallery to be placed there, or that the shooting gallery itself, or the operation thereof, caused the injury, hut he alleged that…
1Opinion of the CourtReynolds, P. J.
(after stating the facts as above). — There are four assignments of error.
The points argued are to the overruling of the objection of the defendant to the introduction of any evidence and to overruling the demurrer to the evi*361dence at the close of the case. Under this it is argued, first, that plaintiff bases ' his cause of action solely on the negligence of the defendant in permitting an unlawful obstruction, to-wit, a shooting gallery, to be placed on one of its streets; that he does not charge that the alleged permitting of the shooting gallery to be placed there, or that the shooting…
2Cases cited23 opinions
- Benton v. City of St. LouisSupreme Court of Missouri · 1909
- Morrison v. City of LawrenceMassachusetts Supreme Judicial Court · 1867
- Murtaugh v. City of St. LouisSupreme Court of Missouri · 1869
- Cassidy v. City of St. JosephSupreme Court of Missouri · 1912
- Fuchs v. City of St. LouisSupreme Court of Missouri · 1902
18 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Auslander v. City of St. LouisSupreme Court of Missouri · 1933
- Stevens Et Ux. v. PittsburghSuperior Court of Pennsylvania · 1937
- Healy v. Kansas CitySupreme Court of Missouri · 1919
- D'Arcourt v. Little River Drainage DistrictMissouri Court of Appeals · 1922
- City of Harlingen v. ScrogginsCourt of Appeals of Texas · 1937
3 more not listed; retrieve them via the Exa API.