Irmer v. St. Louis Brewing Co.
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. E. L.. Soarritt, Judge. (1) In an action for personal injuries caused by negligence, a demurrer to the evidence should be sustained when the evidence does not disclose any negligence on the part of defendant. Smith v. B’y, 113 Mo. 70; Hyde v. B’y, 110 Mo. 272; Berning v. Me-dart, 56 Mo. App. 443; Wright v. Cooper, 127 Mo. 377; Kennedy v. B’y, 43 Mo.
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Appeal from the Jackson Circuit Court. — Hon. E. L.. Soarritt, Judge. (1) In an action for personal injuries caused by negligence, a demurrer to the evidence should be sustained when the evidence does not disclose any negligence on the part of defendant. Smith v. B’y, 113 Mo. 70; Hyde v. B’y, 110 Mo. 272; Berning v. Me-dart, 56 Mo. App. 443; Wright v. Cooper, 127 Mo. 377; Kennedy v. B’y, 43 Mo. App. 1. (2) Plaintiff may be guilty of such contributory negligence that the court should instruct the jury that as a matter of law plaintiff can not recover. Gleason v. Manufacturing Co., 94 Mo. 201;…
1Opinion of the CourtSmith, P. J.
Pleadings.
This is an action by the plaintiff against the defendant to recover damages for personal injuries received by the former in consequence of the negligence of the latter. The specific acts of negligence alleged in the plaintiff’s petition are the following, to wik First. That defendant negligently . . . , , and carelessly maintained a dangerous trapdoor and cellarway immediately in front of its office where plaintiff was by his duties compelled to go, said trapdoor and cellarway forming a part of the floor over which he was compelled to pass, and said trapdoor and cellarway being so…
2Cases cited10 opinions
- Keegan v. KavanaughSupreme Court of Missouri · 1876
- Dowling v. Gerard B. Allen & Co.Supreme Court of Missouri · 1881
- Dixon v. Chicago & Alton RailroadSupreme Court of Missouri · 1891
- Fugler v. BotheMissouri Court of Appeals · 1890
- Eubank v. City of EdinaSupreme Court of Missouri · 1886
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Rigsby v. Oil Well Supply Co.Missouri Court of Appeals · 1905
- Louis v. Smith-McCormick Construction Co.West Virginia Supreme Court · 1917
- Cain v. Humes-Deal Co.Supreme Court of Missouri · 1932
- Kappes v. Brown Shoe Co.Missouri Court of Appeals · 1905
- Nash v. Kansas City HyDraulic Press Brick Co.Missouri Court of Appeals · 1904
4 more not listed; retrieve them via the Exa API.