Doerr v. St. Louis Brewing Ass'n
Supreme Court of Missouri
Appeal from St. Louis County Circuit Court. — Hon. John W. Booth, Judge. (1) 'It appeared affirmatively and without conflict from plaintiff’s own testimony and that of his witnesses, that he was guilty of negligence proximately contributing to his injury. Indeed, it appeared affirmatively from his own evidence, that his injury was entirely due to his own negligence.
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Appeal from St. Louis County Circuit Court. — Hon. John W. Booth, Judge. (1) 'It appeared affirmatively and without conflict from plaintiff’s own testimony and that of his witnesses, that he was guilty of negligence proximately contributing to his injury. Indeed, it appeared affirmatively from his own evidence, that his injury was entirely due to his own negligence. Therefore, the court should have sustained defendant’s motion at the close of plaintiff’s case and should have taken it from the jury. Buesching v. Gas Light Co., 73 Mo. 229; Schmidt v. Railroad, 149 Mo. 287; Lenix v. Railroad, 76…
1Opinion of the CourtBrace, P. J.
This is an action for personal injuries instituted in the St. Louis City Circuit Court, taken by change of venue to the St. Louis County Circuit Court, where the plaintiff obtained judgment for $5,000, and the defendant appeals.
At the close of the plaintiff’s evidence the defendant demurred thereto. The demurrer was overruled, and exception taken. The defendant offered no evidence, and the case was submitted to the jury on instructions. The question to be determined on this appeal is whether the evidence for the plaintiff made a case for the jury.
It appeared from that evidence that on 2nd day…
2Cited by8 opinions
- State Ex Rel. Boeving v. CoxSupreme Court of Missouri · 1925
- Johnson v. Terminal Railroad Assn.Supreme Court of Missouri · 1928
- Coleman v. BuehnerMissouri Court of Appeals · 1969
- Hill v. East St. Louis Cotton Oil Co.Missouri Court of Appeals · 1919
- Knoles v. Southwestern Bell Telephone Co.Missouri Court of Appeals · 1924
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