Carson v. Blodgett Construction Co.
Missouri Court of Appeals
Appeal from Greene County Circuit Court. — Eon. Guy D. Kirby, Judge. (1) There was an entire failure of proof of the allegations of the petition as to the Blodgett Construction Company, or any of its members and the trial court should have sustained the demurrer interposed at the close of plaintiff’s evidence as to said defendant. Plaintiff must recover if at all upon the cause of action pleaded. Compton v. Railroad, 126 S. ~W. 821, and cases cited.
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Appeal from Greene County Circuit Court. — Eon. Guy D. Kirby, Judge. (1) There was an entire failure of proof of the allegations of the petition as to the Blodgett Construction Company, or any of its members and the trial court should have sustained the demurrer interposed at the close of plaintiff’s evidence as to said defendant. Plaintiff must recover if at all upon the cause of action pleaded. Compton v. Railroad, 126 S. ~W. 821, and cases cited. (2) The court erred in giving instruction number 1 on the part of the plaintiff. Because: (1) It is not based on the evidence or any evidence…
1Opinion of the CourtSturgis, J.
This case is here on appeal of the Blodgett Construction Company, a' copartnership, herein designated as the defendants. The personal injury for which plaintiff sues grew out of blasting done in excavating for the basement of a building being erected on a street corner in Springfield, Missouri. The defendants had a contract to erect this building for the owners. It in turn contracted with the firm of Mc-Parlane & Knight to do all the excavating, which carried with it the duty to do considerable blasting as the excavation was largely in solid rock. The plaintiff was injured on the public…
2Cases cited12 opinions
- Robbins v. Chicago CitySupreme Court of the United States · 1867
- Norwalk Gaslight Co. v. Borough of NorwalkSupreme Court of Connecticut · 1893
- Sullivan v. . DunhamNew York Court of Appeals · 1900
- Wiggin v. St. LouisSupreme Court of Missouri · 1896
- Salmon v. Kansas CitySupreme Court of Missouri · 1912
7 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Mallory v. Louisiana Pure Ice & Supply Co.Supreme Court of Missouri · 1928
- Smith v. Inter-County Telephone Co.Supreme Court of Missouri · 1977
- Ballinger v. Gascosage Electric CooperativeSupreme Court of Missouri · 1990
- Bennett v. Mallinckrodt, Inc.Missouri Court of Appeals · 1985
- Lunde v. Winnebago Industries, Inc.Supreme Court of Iowa · 1980
16 more not listed; retrieve them via the Exa API.