Deiner v. Sutermeister
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Eon. Joseph A. Guthrie, Judge.- Pierre R. Porter and Cyrus Crane for appellants. (1) The court erred in overruling defendants’ demurrer to the evidence and in refusing the request for a peremptory instruction at the close of all the evidence.
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Appeal from Jackson Circuit Court. — Eon. Joseph A. Guthrie, Judge.- Pierre R. Porter and Cyrus Crane for appellants. (1) The court erred in overruling defendants’ demurrer to the evidence and in refusing the request for a peremptory instruction at the close of all the evidence. The plaintiff failed to prove a violation of the statute, (a) A “hoist” is not a “scaffold or structure” within the contemplation of the statute, (h) The statute cannot he invoked against a master who did not construct or own or operate or control the hoist. Klebe v. Distillery, 207 Mo. 480. (c) A plaintiff who pleads…
1Opinion of the CourtFaris, P. J.
Plaintiff sued defendants in the Jackson Circuit Court for personal injuries alleged to have been sustained by him while in defendants’ employment and recovered judgment for $10,000. Defendants, after the usual motions, have appealed.
Defendants are partners engaged in business under the firm name of A. Sutermeister Stone Company, and were engaged at the time of the happening of the casualty on which this action is bottomed, in furnishing and putting in place the cut stone on a building in Kansas City, which was being constructed by Flanagan Brothers. Plaintiff, a young man about twenty-four…
2Cases cited24 opinions
- Caddy v. . Interborough Rapid Transit Co.New York Court of Appeals · 1909
- Roscoe v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1907
- Glasgow v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1905
- Nash v. CommonwealthMassachusetts Supreme Judicial Court · 1899
- Favro v. StateCourt of Criminal Appeals of Texas · 1898
19 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Eickmann v. St. Louis Public Service Co.Supreme Court of Missouri · 1952
- Duncan v. Missouri Board for Architects, Professional Engineers & Land SurveyorsMissouri Court of Appeals · 1988
- State v. ClementsMissouri Court of Appeals · 1990
- Laughlin v. Kansas City Southern Railway Co.Supreme Court of Missouri · 1918
- State v. PickensMissouri Court of Appeals · 2011
17 more not listed; retrieve them via the Exa API.