Weber v. Degenhardt

• Court: Missouri Supreme Court
• Writing for the Court: BAY
• Citation: Weber v. Degenhardt, 34 Mo. 458 (Mo. 1864)
• Decision Date: 31 March 1864
• Parties: JULIUS N. WEBER, Respondent, v. JOHN C. DEGENHARDT, Appellant.

34 Mo. 458

JULIUS N. WEBER, Respondent,

v.JOHN C. DEGENHARDT, Appellant.

Supreme Court of Missouri.

March Term, 1864.

Appeal from St. Louis Circuit Court.

A. M. & S. H. Gardner, for respondent.

A. J. P. Garesché and Farish, for appellant.

BAY, Judge, delivered the opinion of the court.

The principal issue made by the pleadings in this case, is whether the injury sustained by the plaintiff resulted from the negligence and carelessness of defendant or his servants in piling the lumber in the alley mentioned in the petition.

The instructions given in behalf of the plaintiff substantially declare, that if the defendant caused or permitted the lumber to be piled in the alley, and that the same was not safely and securely piled, and that, while plaintiff was in or passing through the said alley, said lumber fell upon him and injured him, and that such injury was caused by the careless and unskillful manner in which said lumber was piled, and without the fault of the plaintiff, that then the jury ought to find for the plaintiff.

The defendant asked five instructions, all of which were given with the exception of the one declaring that the plaintiff was not entitled to recover.

Those given declare that it was incumbent upon the...