Steube v. Christopher & Simpson Architectural Iron & Foundry Co.
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. FranMin Ferris} Judge. (1) The uncontradicted evidence shows that plaintiff was hired by and in the employ of Ered. Laun, an independent contractor, and not in the employ of defendant, at the time he was injured. Eraud will not be presumed, but must be shown by clear evidence, and acts which consist as well with honest and fair dealings as with a fraudulent purpose will be referred to the better motive.
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Appeal from the St. Louis City Circuit Court. — Hon. FranMin Ferris} Judge. (1) The uncontradicted evidence shows that plaintiff was hired by and in the employ of Ered. Laun, an independent contractor, and not in the employ of defendant, at the time he was injured. Eraud will not be presumed, but must be shown by clear evidence, and acts which consist as well with honest and fair dealings as with a fraudulent purpose will be referred to the better motive. Bobinson v. Dryden, 118 Mo. 534; Page v. Dixon, 59 Mo. 43. (2) The evidence wholly fails to- establish the charge of negligence. Negligence…
1Opinion of the CourtBland, P. J.
— The averments' of the petition essential to a recovery are in substance, that plaintiff was in the employ of the defendant corporation as an iron setter, and was assisting in the erection of an iron smoke-stack at the Odeon building (Masonic Temple), in the city of St. Louis, and that one John Miller, while acting for defendant as foreman, and while plaintiff was in the discharge of his duties at the base of a section of said smoke-stack, which was being elevated to its place by means of a derrick, negligently and carelessly permitted and directed that a heavy iron strap be left hanging at…
2Cases cited18 opinions
- Huhn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Libby, McNeill & Libby v. SchermanIllinois Supreme Court · 1893
- O'Mellia v. Kansas CitySupreme Court of Missouri · 1893
- Gratiot v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1893
- Grattis v. Kansas City, Pittsburg & Gulf RailroadSupreme Court of Missouri · 1900
13 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Hayden v. Grillo's AdministratorMissouri Court of Appeals · 1890
- Baxter v. St. Louis Transit Co.Missouri Court of Appeals · 1903
- Carter v. BaldwinMissouri Court of Appeals · 1904
- Ladd v. WilliamsMissouri Court of Appeals · 1904
- Hunt v. Desloge Consolidated Lead Co.Missouri Court of Appeals · 1904
4 more not listed; retrieve them via the Exa API.