Nowotny v. St. Louis Brewing Ass'n
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. —Hon. Hugo Muench, Judge. (1) Tlie plaintiff’s case is without evidence to support it. The peremptory instructions to find for the defendant should have been given and the refusal of them is error. The judgment should be reversed. Nagle v. Gas Light Co., 169 Mo. App. 243; Lohse v. Brewing Co., 169 Mo.
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Appeal from St. Louis City Circuit Court. —Hon. Hugo Muench, Judge. (1) Tlie plaintiff’s case is without evidence to support it. The peremptory instructions to find for the defendant should have been given and the refusal of them is error. The judgment should be reversed. Nagle v. Gas Light Co., 169 Mo. App. 243; Lohse v. Brewing Co., 169 Mo. App. 463; O’Malley v. Railroad, 113 Mo. 319; Glover v. K. C. Bolt & N. Co., 153 Mo. 329; Goranson v. Manufacturing Co., 186 Mo. 300; Hester v. Dold Packing Co., 84 Mo. App. 454. (2) The explosion was one of the risks assumed by the' deceased when he…
1Opinion of the CourtAllen, J.
This is an action brought by plaintiff to recover damages for the death of her husband, alleged to have been caused by the negligence of defendant. There was a verdict and judgment for plaintiff, and the defendant appeals.
On and prior to January 5, 1909, defendant owned and operated a brewery in the city of St. Louis, in connection with which it operated a refrigerating system. On the day aforesaid, plaintiff’s husband, Joseph Nowotny, was in the employ of the defendant, as an engineer, and, while he was engaged in the line of his employment in the engine room of defendant’s brewery, an…
2Cases cited6 opinions
- Gutridge v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Scheurer v. Banner Rubber Co.Supreme Court of Missouri · 1910
- Pendegrass v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1913
- Crader v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1914
- Ogan v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1910
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3Cited by1 opinion
- Hayes v. Sheffield Ice Co.Supreme Court of Missouri · 1920