Hoagland v. Forest Park Highlands Amusement Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon'. Win. Zachritg, Judge. (1) Instruction 5 does not correctly state tbe law. The finder of a lost article is entitled to possession as against every one except the owner. 2 Kent, star page, 356; Lacy’s Ed., p. 453; Darlington on Personal Property, pp. 35-37 (note 1, p. 37); Hamaker v. Blanchard, 90 Pa.
Read the full summary
Appeal from St. Louis City Circuit Court. — Hon'. Win. Zachritg, Judge. (1) Instruction 5 does not correctly state tbe law. The finder of a lost article is entitled to possession as against every one except the owner. 2 Kent, star page, 356; Lacy’s Ed., p. 453; Darlington on Personal Property, pp. 35-37 (note 1, p. 37); Hamaker v. Blanchard, 90 Pa. St. 377; Tatum v. Sharpless, 6 Phil. 18; Bowen v. Sullivan, 62 Ind. 281; Durfee v. Jones, 11 R. I. 588; Bridges v. Hawkesworth, 7 En. L. & Eq. 424; s. c., 15 Jur. 1079; s. e., 21 L. J. Q. B. 75. The defendants had no legal right to eject plaintiff…
1Opinion of the CourtBurgess, J.
This is an action for five thousand dollars damages alleged to have been sustained by plaintiff by reason of an unlawful arrest and assault and battery by the employees of the defendants of and upon him.
On the evening of June 24, 1898, plaintiff was at Forest Park Highlands, a place of amusement and refreshment in the city of St. Louis operated by defendant company, all parts of which are open and free to the public, except the open-air theater, which is fenced off from the rest. He attended the performance at the theater, and after its close sat down at one of the tables which were scattered…
2Cases cited11 opinions
- Kiff v. . YoumansNew York Court of Appeals · 1881
- Courtney v. BlackwellSupreme Court of Missouri · 1899
- Schippel v. NortonSupreme Court of Kansas · 1888
- Maxwell v. KennedyWisconsin Supreme Court · 1880
- Stacy v. Portland Publishing Co.Supreme Judicial Court of Maine · 1878
6 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Foulke v. New York Consolidated RailroadNew York Court of Appeals · 1920
- Clark v. McClurgCalifornia Supreme Court · 1932
- Jones v. West Side Buick Co.Missouri Court of Appeals · 1936
- McLain v. Pensacola Coach CorporationSupreme Court of Florida · 1943
- Fauver v. WilkoskeMontana Supreme Court · 1949
30 more not listed; retrieve them via the Exa API.