Paden v. Van Blarcom

Decision Date23 March 1904
Citation79 S.W. 1195,181 Mo. 117
PartiesPADEN v. VAN BLARCOM.
CourtMissouri Supreme Court

Appeal from Circuit Court, St. Charles County; E. M. Hughes, Judge. Action by Lizzie Paden against J. C. Van Blarcom. Judgment for plaintiff was affirmed by the Court of Appeals (74 S. W. 124), and the case was certified on division of opinion. Approved.

Boyle, Priest & Lehmann, for appellant. Virgil Rule, Chas. P. Johnson, and O. J. Mudd, for respondent.

BURGESS, J.

We have examined with much care the authorities cited in the able briefs of respective counsel, and are satisfied that the law of the case is correctly presented by the clear and logical opinion of the Court of Appeals handed down therein, and that there is no conflict in the opinion and the opinion of the Supreme Court in the case of Fuchs v. City of St. Louis, 167 Mo. 620, 67 S. W. 610, 90 Am. St. Rep. 430. We therefore approve the opinion of the Court of Appeals, and adopt it as the opinion of this court. All concur.

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18 cases
  • McGaugh v. City of Fulton
    • United States
    • Missouri Supreme Court
    • September 8, 1947
    ... ... makes prima facie case for the jury. Nomath v. Kansas ... City Gas Co., 223 S.W. 975; Sipple v. Gas Light ... Co., 125 Mo.App. 81; Paden v. Van Blarcom, 181 ... Mo. 117. (3) The authoritative rule in regard to gases ... requires not only a careful laying of sound pipes, but also ... ...
  • Stephens v. Kansas City Gas Co.
    • United States
    • Missouri Supreme Court
    • January 7, 1946
    ... ... presented. No such case has been called to our attention, ... although in the case of Paden v. Van Blarcom, 181 ... Mo. 117, 132, 79 S.W. 1195, this court in effect approved the ... rule stated in Barrickman v. Marion Oil Co., 45 ... ...
  • Hegberg v. St. Louis & San Francisco Railroad Company
    • United States
    • Missouri Court of Appeals
    • May 6, 1912
    ... ... reasonably prudent man in the light of all the attendant ... circumstances. [ Paden v. Van Blarcom, 181 Mo. 127, ... 74 S.W. 124, 79 S.W. 1195; Poeppers v. Railroad, 67 ... Mo. 715.] The defendant's liability to the plaintiff in ... ...
  • Hegberg v. St. Louis & S. F. R. Co.
    • United States
    • Missouri Court of Appeals
    • March 6, 1912
    ... ... Paden v. Van Blarcom, 181 Mo., loc. cit. 127, 74 S. W. 124, 79 S. W. 1195; Poeppers v. Railroad, 67 Mo. 715, 29 Am. Rep. 518. The defendant's liability to ... ...
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