Auslander v. City of St. Louis

Action to recover damages for alleged personal injuries. The case was heard by a jury. A't the close of plaintiff’s evidence the court sustained a demurrer thereto, and plaintiff took an involuntary nonsuit with leave. A motion to set aside the non-suit was filed and overruled and plaintiff appealed.

The case was heard in Division Number One where an opinion written by Sturgis, C., was not adopted and the cause was transferred to court en banc where it was again argued and submitted. The opinion written by Commissioner Sturgis in division reads as follows:

“Plaintiff brings this action to…