Butterfield v. City of St. Louis

• Decision Date: 03 July 1908
• Citation: 111 S.W. 1165,213 Mo. 402
• Parties: BUTTERFIELD v. CITY OF ST. LOUIS.
• Court: Missouri Supreme Court

111 S.W. 1165

213 Mo. 402

BUTTERFIELD v. CITY OF ST. LOUIS.

Supreme Court of Missouri, Division No. 1.

July 3, 1908.

Appeal from St. Louis Circuit Court; Jesse A. McDonald, Judge.

Action by J. C. Butterfield against the city of St. Louis. From a judgment for defendant, plaintiff appeals. Reversed and remanded.

James R. Van Slyke, for appellant. Chas. W. Bates and Benj. H. Charles, for respondent.

LAMM, J.

This case is a companion case to Gracey v. City of St. Louis (just decided) 111 S. W. 1159. It stands here on a stipulation providing, in effect, that it abides the judgment in the Gracey Case; the cause of action and the law propositions being the same, mutatis mutandis.

In accordance with that stipulation, the judgment in this case is reversed, and the cause remanded, and the court nisi is ordered to set aside the nonsuit and proceed with the case in accordance with the opinion handed down in Gracey v. City of St. Louis, supra. All concur, except VALLIANT, P. J., absent.