Oker v. Hill-O'Meara Construction Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Boto. W. ■ B. Homer> Judge. (1) There was no evidence to sustain the verdict, and defendant’s peremptory instructions, one asked at the close of plaintiff’s evidence in chief and the other at the close of all the testimony, should have been given. Porter v. Railroad, 71 Mo. 66; Seila v. Railroad, 82 Mo. 430;, Gfutridge v. Railroad, 94 Mo. 468; Mensch v. Railway, 150 Pa.
Read the full summary
Appeal from St. Louis City Circuit Court. — Boto. W. ■ B. Homer> Judge. (1) There was no evidence to sustain the verdict, and defendant’s peremptory instructions, one asked at the close of plaintiff’s evidence in chief and the other at the close of all the testimony, should have been given. Porter v. Railroad, 71 Mo. 66; Seila v. Railroad, 82 Mo. 430;, Gfutridge v. Railroad, 94 Mo. 468; Mensch v. Railway, 150 Pa. St. 598; Richardson v. Cooper, 88 111. 270; Solomon R. Co. v. Jones, 30 Ark. 601; Railroad v. Threat, 34 S. W. 152; Bailey on Personal Injuries, sec. 454a. (1) The plaintiff was a…
1Opinion of the CourtNortoni, J.
This is a suit for damages accrued to plaintiff an account of personal injuries received through the alleged negligence of defendant. Plaintiff recovered and defendant prosecutes the appeal.
At the time of his injury, plaintiff was a hodcar-rier in the employ of defendant corporation, a contractor and builder. Defendant was engaged in constructing a brick building about forty by sixty feet in dimensions in the city of St. Louis, and plaintiff was attending the bricklayers thereon by carrying brick in a hod when he was precipitated between the joists of the building, to his injury, because of…
Also in this document: Concurrence.
2Cases cited11 opinions
- Chicago & Northwestern Railroad v. MorandaIllinois Supreme Court · 1879
- Quebec Steamship Co. v. MerchantSupreme Court of the United States · 1890
- Koerner v. St. Louis Car Co.Supreme Court of Missouri · 1908
- Grattis v. Kansas City, Pittsburg & Gulf RailroadSupreme Court of Missouri · 1900
- Parker v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1891
6 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Scheidler v. Missouri Boiler & Sheet Iron WorksMissouri Court of Appeals · 1913