Dillon v. Hunt
Supreme Court of Missouri
Appeal from St. Louis Court of Appeals. 1. The rule of construction applicable to this petition is, that its averments are to be taken most strongly against the plaintiffs, and, in matters of doubt, they are to be resolved in favor of the defendant. 2. The petition does not aver that the parties causing the injury to the plaintiffs were the servants of the defendant, but, on the contrary, that they were acting for themselves, and that the defendant was not their superior. 3.…
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Appeal from St. Louis Court of Appeals. 1. The rule of construction applicable to this petition is, that its averments are to be taken most strongly against the plaintiffs, and, in matters of doubt, they are to be resolved in favor of the defendant. 2. The petition does not aver that the parties causing the injury to the plaintiffs were the servants of the defendant, but, on the contrary, that they were acting for themselves, and that the defendant was not their superior. 3. To have made the petition a good petition, it should have shown distinctly, by direct averments, that the persons who…
1Opinion of the Court
Ewing, C.
Plaintiff had a store on Fourth street in St. Louis, and the defendant owned the adjoining house *153which, was accidentally burned. Plaintiffs sued defendant, and after making other necessary averments proceed as follows:
“ Plaintiffs further state that on or about the 14th day of November, 1877, the interior and combustible portions of said building owned by defendant, as aforesaid, were destroyed by fire, and certain interior and exterior brick walls and chimneys were left standing; that from the time of said fire until the 17th day of November, 1877, said walls and chimneys were, as…
2Cases cited2 opinions
- Barry v. City of St. LouisSupreme Court of Missouri · 1852
- Morgan v. BowmanSupreme Court of Missouri · 1856
3Cited by16 opinions
- Salmon v. Kansas CitySupreme Court of Missouri · 1912
- Brannock v. ElmoreSupreme Court of Missouri · 1893
- Long v. MoonSupreme Court of Missouri · 1891
- De Sandro v. Missoula Light & Water Co.Montana Supreme Court · 1913
- Andres v. CoxMissouri Court of Appeals · 1930
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