Legal Opinion

Neel v. Ryus

Missouri Court of Appeals

Decided July 7, 1910PublishedCited by 2 opinions

Appeal from Jasper Circuit Court. — Eon. David E. Blair, Judge. (1) The court erred in overruling defendants’ demurrer in the nature of an instruction at the close of plaintiff’s testimony. Chaney v. Bailroad, 176 Mo. 598; Halloway v. Kansas City, 184 M'o. 19; Warner v. Railroad, 178 Mo. 125; Asphalt & Granitoid Construction Co. v. Transit Co., 102 Mo. App. 469; Deckerd v. Bail-road, 111 Mo.

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Appeal from Jasper Circuit Court. — Eon. David E. Blair, Judge. (1) The court erred in overruling defendants’ demurrer in the nature of an instruction at the close of plaintiff’s testimony. Chaney v. Bailroad, 176 Mo. 598; Halloway v. Kansas City, 184 M'o. 19; Warner v. Railroad, 178 Mo. 125; Asphalt & Granitoid Construction Co. v. Transit Co., 102 Mo. App. 469; Deckerd v. Bail-road, 111 Mo. App. 117; McGrath v. Transit Co., 197 Mo. 105; Dorrell V. Sparks, 127 S. W. 103; McCarthney v. Ins. Co., 45 Mo.. App. 373; Hedrick v. Railroad, 195 Mo. 123; Glasscock v. Swofford Bros., 106 Mo. App. 657.…

1Opinion of the CourtGray, J.

June 6, 1908, this action was instituted in the Jasper county circuit court for damages for personal injuries alleged to have been sustained by the plaintiff while employed by the defendants, in working and performing carpenter work for them on a platform adjoining a building in the city of Joplin, then being constructed by the defendants on contract.

The defendants were engaged in erecting a brick building in the city of Joplin, about 125 or 150 feet in length. At the time complained of, the east wall was under construction and was all finished to within twenty or thirty feet of the north…

2Cases cited7 opinions

  1. Wilbur v. Southwest Missouri Electric Railway Co.Missouri Court of Appeals · 1905
  2. Gurley v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
  3. Coontz v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1893
  4. Smith v. Chicago & Alton RailroadSupreme Court of Missouri · 1893
  5. Keen v. St. Louis, Iron Mountain & Southern RailroadMissouri Court of Appeals · 1908

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3Cited by2 opinions

  1. Flenner v. Southwest Missouri RailroadMissouri Court of Appeals · 1926
  2. Kelley v. Stout Lumber Co.Oregon Supreme Court · 1928

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