Washburn v. Laclede Gaslight Co.

• Decision Date: 16 July 1920
• Docket Number: No. 16247.,16247.
• Citation: 284 Mo. 181,223 S.W. 725
• Parties: WASHBURN v. LACLEDE GASLIGHT CO. et al.
• Court: Missouri Court of Appeals

223 S.W. 725

284 Mo. 181

WASHBURN v. LACLEDE GASLIGHT CO. et al.

No. 16247.

Court of Missouri, Division No. 2.

July 16, 1920.

Appeal from St. Louis Circuit Court; George H. Shields, Judge.

Action by Magdalen Washburn against the Laclede Gaslight Company and the Union Electric Light & Power Company. From judgment for plaintiff against both defendants, each appealed to the Court of Appeals, which certified the case to the Supreme Court. Judgment against defendant Gaslight Company affirmed. Judgment against defendant Light & Power)? Company reversed.

Werner & Penney and Marshall & Henderson, all of St. Louis, for appellant Laclede Gaslight Co.

Jourdan, Rassieur & Pierce, of St. Louis, for appellant Union Electric Light & Power Co.

Kinealy & Kinealy, of St. Louis, for respondent.

WILLIAMS, P. J.

Action for damages. Plaintiff recovered judgment in the circuit court against both defendants in sum of $7,250, and each defendant thereupon duly appealed to the St. Louis Court of Appeals. That court delivered an opinion, which will be found reported in 214 S. W. 410. The Court of Appeals certified the case here because one of its judges deemed the opinion contrary to previous decisions of this court.

A sufficiently accurate statement of the facts will be found stated in the majority opinion of that court. After carefully considering the case, we have reached the conclusion that said majority opinion also correctly states the law of the case.

Learned counsel for appellant Laclede Gaslight Company urge as ground for reversal two points which were not made in the Court of Appeals. These points have to do with plaintiff's instructions Nos. 1 and 3. We have carefully examined the additional points thus made, but do not find any matter of error therein which would justify a reversal, nor do we consider the points of sufficient importance to merit discussion. We merely make mention of the same, so that it may be known that the points were given consideration.

For the reasons stated in the majority opinion of the Court of Appeals, we affirm the judgment against the defendant Laclede Gaslight Company, and reverse the judgment against the defendant Union Electric Light & Power Company.

All concur.