Mitchell v. St. Louis Smelting & Refining Co.
Missouri Court of Appeals
Ap-peal from the Circuit Court of the City of St. Louis. —Hon. Frank Landuehr, Judge. (1) • Burden of proving the application of the Compensation Act of Illinois to this case, is on the defer,d-ant. The defendant attempts to plead the Compensation Act of Illinois as a defense, and the burden is on the defendant to plead and prove that the Compensation Act has jurisdiction in this case. It must overcome the presumption that the common law applies.
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Ap-peal from the Circuit Court of the City of St. Louis. —Hon. Frank Landuehr, Judge. (1) • Burden of proving the application of the Compensation Act of Illinois to this case, is on the defer,d-ant. The defendant attempts to plead the Compensation Act of Illinois as a defense, and the burden is on the defendant to plead and prove that the Compensation Act has jurisdiction in this case. It must overcome the presumption that the common law applies. The defendant has utterly failed to carry its said burden. Gilbert v. Des Lauriers Column Mould Co., 180 N. Y. App. N. Y. Supp. 267. (2) The answer…
1Opinion of the CourtReynolds, P. J.
Action for damages for personal injuries alleged to have been sustained by plaintiff while in the employ of the defendant at ‘ the latter’s plant near Collinsville, in Madison County, Illinois.
The petition in the case avers that in September, 1917, while plaintiff was a resident of the city of St. Louis and a citizen of the State of Missouri, and within the city and State, defendant entered into a contract of hire with plaintiff, whereby plaintiff was to enter the service of defendant as a laborer at its place of business in the city of Collinsville, in the State of Illinois; that in said…
2Cases cited6 opinions
- Fogarty v. St. Louis Transfer Co.Supreme Court of Missouri · 1904
- Liebing v. Mutual Life InsuranceSupreme Court of Missouri · 1918
- Johnson v. NelsonSupreme Court of Minnesota · 1915
- Claim of Spratt v. Sweeney & Gray Co.Appellate Division of the Supreme Court of the State of New York · 1915
- Claim of Gilbert v. Des Lauriers Column Mould Co.Appellate Division of the Supreme Court of the State of New York · 1917
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Wilson v. FaullSupreme Court of New Jersey · 1958
- Daggett v. Kansas City Structural Steel Co.Supreme Court of Missouri · 1933
- Jonathan Woodner Co. v. MatherCourt of Appeals for the D.C. Circuit · 1954
- Logan v. Missouri Valley Bridge & Iron Co.Supreme Court of Arkansas · 1923
- Chicago, Rock Island & Pacific Railway Co. v. LundquistSupreme Court of Iowa · 1928
5 more not listed; retrieve them via the Exa API.