Menteer v. Scalzo Fruit Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. W. M. Kinsey, Judge. (1) Each and every averment of the petition essential to fix liability upon the defendant was sustained by some evidence. Hence, the court should have overruled the demurrer to the evidence and permitted the jury to decide the issues of fact.
Read the full summary
Appeal from St. Louis City Circuit Court. — Hon. W. M. Kinsey, Judge. (1) Each and every averment of the petition essential to fix liability upon the defendant was sustained by some evidence. Hence, the court should have overruled the demurrer to the evidence and permitted the jury to decide the issues of fact. Koerner v. Car Co., 209 Mo. 151; Hollweg v. Telephone Co., 195 Mo. 165. (2) Deceased, having entered defendant ’s premises, as a customer, on business for the benefit of defendant, as well as of himself, was there as an invitee, and it was the duty of the defendant to exercise…
1Opinion of the Court
BLAIR, C.
This is an appeal from an order overruling a motion to set aside a nonsuit in an action for damages for the death of Thomas Menteer. .
The third amended petition stated that defendant was engaged in the wholesale fruit business in St. Louis, Missouri; that it was defendant’s duty to keep the premises it occupied in such condition as that the lives and limbs of its customers would not be endangered, and proceeds:
‘ ‘ Plaintiff avers that defendant failed and neglected to keep said premises in such condition, and more particularly in this, to-wit:
‘ ‘ That in said building there was at…
2Cases cited6 opinions
- Pauckner v. WakemIllinois Supreme Court · 1907
- Welch v. McAllisterMissouri Court of Appeals · 1884
- Murray v. McLeanIllinois Supreme Court · 1870
- Bennett v. ButterfieldMichigan Supreme Court · 1897
- Pelton v. SchmidtMichigan Supreme Court · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Southern Express Co. v. WilliamsonSupreme Court of Florida · 1913
- Anderson v. WeltyMissouri Court of Appeals · 1960
- State Ex Rel. Alton Railroad Co. v. ShainSupreme Court of Missouri · 1940
- Gruetzemacher v. BillingsSupreme Court of Missouri · 1961
- Chattanooga Warehouse & Cold Storage Co. v. AndersonTennessee Supreme Court · 1918
24 more not listed; retrieve them via the Exa API.