Legal Opinion

Buesching v. St. Louis Gas-Light Co.

Missouri Court of Appeals

Decided May 21, 1878PublishedCited by 4 opinions

Appeal from St. Louis Circuit Court. Ordinary care implies the use of such watchfulness and preventions as are fairly proportionate to the danger to be avoided, judged by the standard of common prudence and experience. — Guppen v. Railroad Go., 4 N. Y. 34; Mackey v. Railroad Go., 27 Barb. 542 ; Railroad Go. v. Goddard, 25 Ind. 135 ; Railroad Go. v. Terry, 8 Ohio St. 570; Railroad Go. v. Mc-Tigh, 46 Pa.

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Appeal from St. Louis Circuit Court. Ordinary care implies the use of such watchfulness and preventions as are fairly proportionate to the danger to be avoided, judged by the standard of common prudence and experience. — Guppen v. Railroad Go., 4 N. Y. 34; Mackey v. Railroad Go., 27 Barb. 542 ; Railroad Go. v. Goddard, 25 Ind. 135 ; Railroad Go. v. Terry, 8 Ohio St. 570; Railroad Go. v. Mc-Tigh, 46 Pa. St. 316 ; McKay v. Railroad Go., 35 N. Y. 75. The instruction should have told the jury that in assessing the damages they should have regard to the mitigating or aggravating circumstances of…

1Opinion of the CourtBakewell, J.

This is an action by the widow of Frederick Buesching for damages. The allegations of the amended petition are that the St. Louis Gas-Light Company, on January 22, 1876, owned a building on the north-west corner of Pine Street and the alley between Second and Third Streets, in St. Louis ; that the cellar-way to the building was carelessly and negligently constructed, and left open, and left without a proper gate, by reason of which plaintiff’s husband, at the date aforesaid, fell into said cellar-way and lost his life. The answer of the Gas-Light Company denies all the material allegations of…

2Cited by4 opinions

  1. Lawson v. Seattle & Renton Railway Co.Washington Supreme Court · 1904
  2. Overby v. Mears Mining Co.Missouri Court of Appeals · 1910
  3. Bender v. WeberMissouri Court of Appeals · 1909
  4. Edwards v. City of RaleighSupreme Court of North Carolina · 1909

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