Horner v. Nicholson
Supreme Court of Missouri
I. Defendant was liable for any injury resulting to plaintiff from the dangerous manner of erecting the buildings, if the falling thereof occurred either from the inherent danger attending the use of the old wall and floors as directed in the contract, or from the doing of the extra work, or day’s work, as done, or directed, or permitted, by defendant or his agents, in a careless, dangerous or negligent manner.
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I. Defendant was liable for any injury resulting to plaintiff from the dangerous manner of erecting the buildings, if the falling thereof occurred either from the inherent danger attending the use of the old wall and floors as directed in the contract, or from the doing of the extra work, or day’s work, as done, or directed, or permitted, by defendant or his agents, in a careless, dangerous or negligent manner. (Shearm. & Red. on Neg. [2d Ed., 1870], 98 ; City of St. Paul vs. Stéitz, 3 Minn., 297; Storrs vs. Htica, 17 N. T., 104; Ellis vs. Sheffield Gas Co., 2 Ellis & B., 767, [cited in…
1Opinion of the CourtNapton, Judge
This action was to recover damages alleged to have been occasioned by the falling in of a floor and wall in a building *221which the defendant was putting up at the corner of Fifth and Walnut Streets in the City of St. Louis. The plaintiff was injured by the fall of this wall and floor, and alleges that it was occasioned by the unskillful, negligent and careless construction of the building, under the directions of defendant or his agents.
The defenses set up in the answer were of two kinds, first, that the work was good and substantial and safe and not done in the careless or negligent manner…
2Cited by10 opinions
- Roddy v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Mallory v. Louisiana Pure Ice & Supply Co.Supreme Court of Missouri · 1928
- Lancaster v. Connecticut Mutual Life InsuranceSupreme Court of Missouri · 1887
- Brannock v. ElmoreSupreme Court of Missouri · 1893
- Carson v. Blodgett Construction Co.Missouri Court of Appeals · 1915
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