Case law

Forrester v. Metropolitan Street Railway Co.

116 Mo. App. 37 · Missouri Court of Appeals · Jan 8, 1906

The plaintiff, who was shown to be seventy-seven years old, attempted to board a car at the in *40 tersection of Fifteenth street and Sidney avenue. … [Browning v. Railroad, 124 Mo. 71 .] Much of the criticism of instruction numbered 1 for plaintiff finds its answer in what we have said concerning the evidence and pleading as to the stopping *43 of the car.

State ex rel. Purdy Reorganized School District No. II v. Snider

470 S.W.2d 805 · Missouri Court of Appeals · Aug 2, 1971

No appeal was taken from the decision of the board of arbitrators. … Browning v. City of Poplar Bluff, Mo.App., 370 S.W.2d 179, 182 . *809 It is elementary, of course, that mandamus does not issue where the right sought to be enforced is doubtful. State ex rel. Phillip v.

W. J. Howey Co. v. Cole

219 Mo. App. 34 · Missouri Court of Appeals · Apr 30, 1923

There is no evidence that such consent was ever obtained from the board or that the board knew anything about the issuance of the certificate or ratified the acts of Moore in issuing it. … Paine, 8 Minn. 284 ; Pardee v. Fish, 60 N. Y. 265 ; Bank v. Brown, 45 Ohio State 39 ; Tobin v. McKinney, 15 S. Dak. 257; McCormick v. Kampmann, 109 S. W. (Texas) 492; Illinois National Bank v.

State v. Vernor

522 S.W.2d 312 · Missouri Court of Appeals · Apr 15, 1975

State v. Brown, 502 S.W.2d 295 [5, 6] (Mo.1973); State v. Harris, 477 S.W.2d 42, 46 [6] (Mo.1972). The requirements under MAI-CR are more stringent than under § 546.230. … For the same reasons excusing literal compliance with § 546.230 in State v. Brown, supra, we find the error harmless in this case. Judgment affirmed. SMITH, C. J., and ALDEN A. STOCK-ARD, Special Judge, concur.

Smith v. Bailey

200 Mo. App. 627 · Missouri Court of Appeals · Jan 26, 1919

The rules of the Board of Trade and the grain Clearing Company prohibited all gambling. .Defendant testified that he knew his contracts were being executed on the Board of Trade and he knew that the Board of Trade had rules … [Vansickle v. Brown, 68 Mo. l. c. 634; State v. Banks, 73 Mo. l. c. 596; 1 Jones on Evidence (1913) sec. 170.]

F. Berg & Co. v. Strother

207 Mo. App. 45 · Missouri Court of Appeals · Apr 4, 1921

[Chadwick v. Chadwick, 115 Mo. 581, 586 .] “. . . … [Estes v. Hamilton Brown Shoe Co., 54 Mo. App. 543, 551 .] There is no question but that there was- mutuality in reference to the charging of this item to Hart’s/account.

Baker v. City of Independence

106 Mo. App. 507 · Missouri Court of Appeals · May 16, 1904

The defect which caused plaintiff to fall was a broken board in the sidewalk. The trial resulted in a verdict and judgment for the plaintiff from which defendant appealed. … App. 165 , wherein his wife recovered on the same facts in issue herein, which was afterwards affirmed by this court, and cites us to the case of Brown v. Railway, 96 Mo. App. 164 .

Shepard Well Drilling Co. v. St. Louis County

912 S.W.2d 606 · Missouri Court of Appeals · Oct 31, 1995

Brown v. Melahn, 824 S.W.2d 930, 932 (Mo.App.E.D. en banc 1992). We accord no deference to the trial court on matters of law. Id. … Contra Vest v. Kansas City, 355 Mo. 1 , 194 S.W.2d 38, 39 (1946).

Franks v. Hubbard

498 S.W.3d 862 · Missouri Court of Appeals · Sep 13, 2016

(citing Gantt v. Brown, 238 Mo. *869 560 , 142 S.W. 422, 425 (1911)); Elliott v. Hogan, 315 S.W.2d 840, 848 (Mo.App.E.D.1958). … Id. v. The Board failed to follow absentee voting procedures as required by Missouri law.

Fix v. Fix Material Co., Inc.

538 S.W.2d 351 · Missouri Court of Appeals · Jun 8, 1976

Plaintiff succeeded to her husband’s position on the corporate board in 1966 and the board was increased by one member sometime in 1966 or 1967 to provide an additional director friendly to plaintiff’s interests. … Long-term employment contracts for corporate officers present problems, running afoul the general maxim that management and control of the corporation is vested in the board of directors. See Streett v.

State ex rel. Missouri Highway & Transportation Commission v. Williams

690 S.W.2d 836 · Missouri Court of Appeals · May 7, 1985

State Highway Commission v. Meadows, 444 S.W.2d 225 (Mo.App.1969), and State ex rel. State Highway Commission v. White, 254 S.W.2d 668 (Mo.App.1953), are not apposite. … McIntyre v. McIntyre, 377 S.W.2d 421 (Mo.1964), is a contract case. In Moschale v. Mock, 591 S.W.2d 415 (Mo.App.1979), the court of appeals held that the best evidence rule was not applicable. In State v.

Bland v. City of Trenton

618 S.W.2d 438 · Missouri Court of Appeals · May 19, 1981

State v. Smith 431 S.W.2d 74 (Mo.1968); State v. Aubuchon, 381 S.W.2d 807 (Mo.1964); and see Rose v. State Board of Registration for the Healing Arts 397 S.W.2d 570 (Mo.1966). … Brown v. McNeal, 586 S.W.2d 359 (Mo.App.1979); Cox v. McNeal, 571 S.W.2d 881 (Mo.App.1979); Macchi v. Whaley, supra; Miller v. Whaley, supra.

Potter v. Mt. Vernon Roller Mill Co.

101 Mo. App. 581 · Missouri Court of Appeals · Apr 14, 1903

Lynn v. Lemon, 106 Ind. 567 ; Nelson v. Brown, 44 Iowa 455 ; s. c., 53 Iowa 555 ; Sexton v. Abbott, 53 Wis. 181 ; Rice v. Nixon, 97 Ind. 97 , and cases- therein cited. … App. 23 ; O’Neal v. Stone, 79 Mo. App. 279 ; Weilend v. Snnwall, 65 N. W. 628 ; Lyon v. Lemon, 106 Ind. 567 ; Bntz v. Diehl, 117 Pa. St. 589.

State v. Johnson

529 S.W.2d 658 · Missouri Court of Appeals · Aug 12, 1975

Miss Reed followed Johnson down to the center concourse, lost him for a while and then saw him again at the gate, in the boarding area. … United States v.

Missouri Commission on Human Rights v. City of Sikeston/Sikeston Power Plant/Board of Municipal Utilities

769 S.W.2d 798 · Missouri Court of Appeals · Apr 21, 1989

Referring to “City of Sikeston/Sikeston Power Plant/Board of Public Utilities” as “respondent,” the order of the Commission, filed February 5, 1986, included the following: “IT IS HEREBY ORDERED: 1. … Heagney v. University of Washington, 642 F.2d 1157 (9th Cir.1981); Borque v. Powell Electrical Mfg. Co., supra. Quoting from Clark v. Marsh, 665 F.2d 1168, 1173 (D.C.

Thogmartin v. Nevada School District

189 Mo. App. 10 · Missouri Court of Appeals · May 3, 1915

Louis v. Henry County, 115 Mo. 557 ; City of St. Louis v. Brown, 155 Mo. 545 ; Mullins v. Mount St. … The school board can enforce rules against the intrusion thereon of the public the same as a private owner.

Hatfield v. Meers

402 S.W.2d 35 · Missouri Court of Appeals · Apr 4, 1966

In Brown v. Boyd, 33 Cal.App.2d 416 , 91 P.2d 926 , an ordinance was adopted as an emergency measure authorizing three additional police captains. … The court said: “These cases are all distinguishable from Brown v.

Tri-State Motor Transit Co. v. Holt

921 S.W.2d 652 · Missouri Court of Appeals · May 7, 1996

Barkley, 791 S.W.2d at 915 (quoting City of Lee’s Summit v. Browning, 722 S.W.2d 114, 115 [1] (Mo.App.1986)). See also May Dept. Stores Co. v. County of St. Louis, 607 S.W.2d 857, 868-69 (Mo.App.1980). … L.R. v. Browning, 310 U.S. 362, 365 , 60 S.Ct. 968, 970 , 84 L.Ed. 1254 (1940)).

Haire v. Stagner

356 S.W.2d 305 · Missouri Court of Appeals · Apr 6, 1962

Gruetzemacher v. Billings, supra, 348 S.W.2d loc. cit. 957; Brown v. Kroger Co., Mo., 344 S.W.2d 80, 83 (4); Harbourn v. Katz Drug Co., supra, 318 S.W. 2d loc. cit. 229 (2); Ostresh v. Illinois Terminal R. … In addition to the Brown, Harbourn, Howard, Stafford and Heidt cases, supra, see Harper v. First Nat. Bank of Kansas City, Mo., 196 S.W.2d 265 , 268(3); Hudson v.

Frame v. Boatmen's Bank of Concord Village

824 S.W.2d 491 · Missouri Court of Appeals · Feb 11, 1992

Its always been my experience the people that I deal with, when they give you their committment they get it by the board and that’s why I use the term ‘run it by the board’, not approved by the board.” … AT & T Information Systems, Inc., 702 F.Supp. 1489, 1501 (D.Colo.1988); Browne v. Maxfield, 663 F.Supp. *497 1193, 1207 (E.D.Pa.1987); Torres v. Borzelleca, 641 F.Supp. 542, 545-47 (E.D.Pa.1986); Gale v.