Pueschell v. Kansas City Wire & Iron Works
Missouri Court of Appeals
Appeal from the JacJsson Circuit Court. — Hon. E. L. Soarrixi, Judge. (1) The instruction asked by the defendant at the close of the plaintiff’s case should have been given for the reason that it did not appear from- the evidence that the injury received by the boy was occasioned by a failure on the part of the defendant to properly discharge some legal duty he owed to him, and on this point the question of age cuts no figure. Schmitz v. Railway, 46 Mo.
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Appeal from the JacJsson Circuit Court. — Hon. E. L. Soarrixi, Judge. (1) The instruction asked by the defendant at the close of the plaintiff’s case should have been given for the reason that it did not appear from- the evidence that the injury received by the boy was occasioned by a failure on the part of the defendant to properly discharge some legal duty he owed to him, and on this point the question of age cuts no figure. Schmitz v. Railway, 46 Mo. App. 387. (2) A city may temporarily close a street against use for the purpose of permitting improvements by adjacent proprietors, but it…
1Opinion of the CourtGill, J.
This is an action brought by the father for alleged loss of service, expense of doctors’ bill, nursing, etc., of his minor son consequent upon certain personal injuries inflicted by the alleged negligence of the defendant. Plaintiff had a verdict and judgment below for $250 and defendant appealed.
Statement. After a careful review of the entire record, we have concluded that the charge of negligence made against the defendant is wholly unsupported by the evidence, and that the demurrer thereto offered at the close of the case ought to have been sustained. There is but little controversy as to…
2Cases cited5 opinions
- Wood v. MearsIndiana Supreme Court · 1859
- Stephens v. City of MaconSupreme Court of Missouri · 1884
- Schmitz v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1891
- State ex rel. Beatty v. Mayor of OmahaNebraska Supreme Court · 1883
- Grant v. City of StillwaterSupreme Court of Minnesota · 1886
3Cited by3 opinions
- Compty v. C. H. Starke Dredge & Dock Co.Wisconsin Supreme Court · 1906
- Lee v. JonesSupreme Court of Missouri · 1904
- Christman v. MeierhofferMissouri Court of Appeals · 1906