Strother v. Altman

Supreme Court of Missouri

Strother v. Altman

287 S.W. 1118, 315 Mo. 906, 1926 Mo. LEXIS 951

DecidedOctober 11, 1926

StatusPublished

This text of 287 S.W. 1118 (Strother v. Altman) is published on Counsel Stack Legal Research, covering Supreme Court of Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Strother v. Altman, 287 S.W. 1118, 315 Mo. 906, 1926 Mo. LEXIS 951 (Mo. 1926).

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Opinion

OTTO, J.

This is the separate appeal of defendant Clem B. Altman from an order granting plaintiff a new trial after involuntary nonsuit in an action brought by the administrator of the estate of Sarah Shub, deceased, to recover damages for her death alleged to have been caused by negligence of the defendants, Altman, Martin Carroll and Kansas City, Missouri. It is one of the cases arising out of that unfortunate occurrence in Kansas City when several young people who were walking in the street (the sidewalk being-obstructed) were run into from the rear by an automobile resulting in several being killed and others injured. [See Lindman v. Carroll, 308 Mo. 187, 271 S. W. 512.]

Respondent in his brief has expressly confessed error saying: "Appellant, Altman, upon the showing made in his brief, is entitled to a reversal of the order setting aside the nonsuit as to him and we will make no effort to longer hold him liable.” ■

Therefore, the order granting plaintiff a new trial as to defendant Altman, is reversed and the cause remanded with directions to rein-

state the judgment of nonsuit as to him. It is so ordered.

All concur, except Graves, J., absent.

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OTTO, J.

This is the separate appeal of defendant Clem B. Altman from an order granting plaintiff a new trial after involuntary nonsuit in an action brought by the administrator of the estate of Sarah Shub, deceased, to recover damages for her death alleged to have been caused by negligence of the defendants, Altman, Martin Carroll and Kansas City, Missouri. It is one of the cases arising out of that unfortunate occurrence in Kansas City when several young people who were walking in the street (the sidewalk being-obstructed) were run into from the rear by an automobile resulting in several being killed and others injured. [See Lindman v. Carroll, 308 Mo. 187, 271 S. W. 512.]

Respondent in his brief has expressly confessed error saying: "Appellant, Altman, upon the showing made in his brief, is entitled to a reversal of the order setting aside the nonsuit as to him and we will make no effort to longer hold him liable.” ■

Therefore, the order granting plaintiff a new trial as to defendant Altman, is reversed and the cause remanded with directions to rein-

state the judgment of nonsuit as to him. It is so ordered.

All concur, except Graves, J., absent.

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287 S.W. 1118, 315 Mo. 906, 1926 Mo. LEXIS 951, Counsel Stack Legal Research, https://law.counselstack.com/opinion/strother-v-altman-mo-1926.

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