Neves v. Green
Missouri Court of Appeals
Appeal from. Jackson Circuit Court. — Eon. Win. B. Teas dale, Judge. (1) There is no evidence in the record that the accident happened by reason of the negligent act of defendant, nor is there any evidence from which the negligent act charged in the petition can be fairly inferred as the cause of the accident. The verdict rests upon mere conjecture, and fdr that reason the judgment cannot be sustained. Smith y.
Read the full summary
Appeal from. Jackson Circuit Court. — Eon. Win. B. Teas dale, Judge. (1) There is no evidence in the record that the accident happened by reason of the negligent act of defendant, nor is there any evidence from which the negligent act charged in the petition can be fairly inferred as the cause of the accident. The verdict rests upon mere conjecture, and fdr that reason the judgment cannot be sustained. Smith y. Railroad, 37 Mo. 292; Breen v. Cooperage Co., 50 Mo'. App. 202; Searles v. Railroad, 101 N. Y. 661; Brown v. Hershey L. & L. Co., 65 Mo. App. 162; O’Donnell y. Baum, 38 Mo. App. 245;…
1Opinion of the CourtBroad Dus, P. J.
In April, 1902, plaintiff was injured while in the employ of defendant. His injury was caused by a fall from a scaffold which he alleges was insecurely constructed. The facts, generally speaking, are: That the scaffold in question was constructed of what are known as bricklayers’ trestles, with planks resting upon the top thereof. These trestles were made of one inch wooden material and consisted of two legs. They were placed five feet apart and upon them the hoards were laid for the workmen to stand upon while engaged in there work. Each leg of these trestles was five feet in length, and by…
2Cases cited5 opinions
- Blanton v. DolbSupreme Court of Missouri · 1891
- Hamilton v. Rich Hill Coal Mining Co.Supreme Court of Missouri · 1891
- Fogarty v. St. Louis Transfer Co.Supreme Court of Missouri · 1904
- Pauck v. St. Louis Dressed Beef & Provision Co.Supreme Court of Missouri · 1901
- Depuy v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1904
3Cited by1 opinion
- Penson v. Inland Empire Paper Co.Washington Supreme Court · 1913