Legal Opinion

Luehrmann v. Laclede Gas Light Co.

Missouri Court of Appeals

Decided October 22, 1907PublishedCited by 12 opinions

Appeal from St. Louis City Circuit Court.—Hon. Moses N. Sale, Judge. (1) That this proof malees out a prima-facie case and that the doctrine of res ipsa loquitur applies is well settled by the authorities of this State and other States. Gannon v. Gas Company, 145 Mo. 502; Geismann v. Electric Co., 173 Mo. 654; Overall v. Electric Light Co., 47 S. W. 442; McLaughlin v. Electric Light Co., 100 Ky. 173; Clement v. Electric Light Co., 44 La.

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Appeal from St. Louis City Circuit Court.—Hon. Moses N. Sale, Judge. (1) That this proof malees out a prima-facie case and that the doctrine of res ipsa loquitur applies is well settled by the authorities of this State and other States. Gannon v. Gas Company, 145 Mo. 502; Geismann v. Electric Co., 173 Mo. 654; Overall v. Electric Light Co., 47 S. W. 442; McLaughlin v. Electric Light Co., 100 Ky. 173; Clement v. Electric Light Co., 44 La. Ann. 692, .and other cases cited therein. But in this case it is not necessary to rely upon the doctrine res ipsa loquitur. There was direct proof of…

1Opinion of the CourtBland, P. J.

The Hugo Dry Goods Company has a three-story building on the northwest corner of Twenty-third street and Cass avenue, in the city of St. Louis. The building fronts on Cass avenue and runs back north on Twenty-third street to an alley. The first floor of the building is occupied by the company as a store. The second and third floors are used for residence purposes and are constructed to front on Twenty-third street. A wooden porch forty-five feet long runs along the east side of the building for the benefit of tenants occupying the second and third floors. In the back yard of the premises are…

2Cases cited5 opinions

  1. Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
  2. Geismann v. Missouri-Edison Electric Co.Supreme Court of Missouri · 1903
  3. Harrison v. Kansas City Electric Light Co.Supreme Court of Missouri · 1906
  4. American Express Co. v. RisleyIllinois Supreme Court · 1899
  5. Winkelman v. Kansas City Electric Light Co.Missouri Court of Appeals · 1905

3Cited by12 opinions

  1. Hale v. Pacific Telephone & Telegraph Co.California Court of Appeal · 1919
  2. Dow v. Sunset Telephone & Telegraph Co.California Supreme Court · 1910
  3. Snyder v. Leavenworth Light, Heat & Power Co.Supreme Court of Kansas · 1916
  4. Brubaker v. Kansas City Electric Light Co.Missouri Court of Appeals · 1908
  5. Duncan Electric & Ice Co. v. ChrismanSupreme Court of Oklahoma · 1916

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