Dolan v. Laclede Gaslight Co.

Decision Date07 June 1898
Citation46 S.W. 1133
PartiesDOLAN v. LACLEDE GASLIGHT CO.<SMALL><SUP>1</SUP></SMALL>
CourtMissouri Supreme Court

In banc. Appeal from St. Louis circuit court; Jacob Klein, Judge. Action by Thomas Dolan against the Laclede Gaslight Company. From a judgment for plaintiff, the defendant appealed. Affirmed.

Henry Hitchcock, for appellant. T. J. Rowe, for respondent.

ROBINSON, J.

This is an action by respondent to recover damages alleged to have been caused by the fault of the appellant. The plaintiff herein received the injuries sued for at the same time and place, and from the same source, that the husband of the plaintiff in the case of Gannon v. Gaslight Co., 46 S. W. 968, received the shock that resulted in his death. The plaintiffs in both cases recovered judgments against the defendant, and, when the cases reached this court on appeal, a stipulation was filed herein agreeing that the facts and law arising in this case are substantially identical with the questions of fact and law presented by the record in that, with the further agreement to submit this cause on the record as filed, in connection with the briefs and arguments filed in the Gannon Case. We have examined the record in this and the Gannon Case, and find that the material facts of each are substantially the same, and that the questions of law presented in both are identical; hence affirm the judgment of the circuit court rendered in this case, upon the authority and for the reasons given in the case of Gannon v. Gaslight Co., delivered by this court on the 7th day of June, 1898.

GANTT, C. J., and BURGESS and WILLIAMS, JJ., concur. SHERWOOD, BRACE, and MARSHALL, JJ., dissent.

1. Rehearing denied July 6, 1898.

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3 cases
  • Davoren v. Kansas City
    • United States
    • United States State Supreme Court of Missouri
    • April 13, 1925
    ...person doing or causing to be done the same work, and cited Donahoe v. Kansas City, 136 Mo. 665, 38 S. W. 571; Dolan v. Laclede Gas Light Co., 145 Mo. 550, 46 S. W. 1133; Ely v. City of St. Louis, 181 Mo. 723, 81 S. W. 168; State ex rel. Gates, 190 Mo. loc. cit. 550, 89 S. W. 881, 2 L. R. A......
  • Salmon v. Kansas City
    • United States
    • United States State Supreme Court of Missouri
    • February 29, 1912
    ...as a private person doing or causing to be done the same work. Donahoe v. Kansas City, 136 Mo. 665, 38 S. W. 571; Dolan v. Laclede Gaslight Co., 145 Mo. 550, 46 S. W. 1133; Ely v. City of St. Louis, 181 Mo. 723, 81 S. W. 168; State ex rel. v. Gates, 190 Mo., loc. cit. 550, 89 S. W. 881, 2 L......
  • Robinson v. Moark-Nemo Consol. Mining Co.
    • United States
    • Court of Appeal of Missouri (US)
    • February 12, 1914
    ...145 Mo. 502, 517, 46 S. W. 968, 47 S. W. 907, 43 L. R. A. 505; Dyer v. Tyrell, 142 Mo. App. 467, 472, 127 S. W. 114; Dolan v. Gas Light Co., 145 Mo. 550, 46 S. W. 1133; Dyer v. Cowden, 168 Mo. App. 649, 154 S. W. 156; Howard v. Hurst, 156 Mo. App. 205, 137 S. W. 1; Crawford v. Stayton, 131 ......

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