Ward v. Ely-Walker Dry Goods Building Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. J. Hugo Grimm, Judge. The demurrer to the evidence should have been sustained because the undisputed evidence introduced by plaintiff shows conclusively that the fall of the-crowbar upon plaintiff’s head was a mere accident or misadventure, without any negligence on the part of the master.
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Appeal from St. Louis City Circuit Court. — Hon. J. Hugo Grimm, Judge. The demurrer to the evidence should have been sustained because the undisputed evidence introduced by plaintiff shows conclusively that the fall of the-crowbar upon plaintiff’s head was a mere accident or misadventure, without any negligence on the part of the master. Railroad v. Oldridge, 76 S. W. 58Í; Taylor v. Bush & Sons Co.', 66 Atl. 236; Olson v. Andrews, 168 Mass. 261; O’Neil v. Railroad, 130 Fed. 204; Railroad v. Ryan, 82 Tex. 565; Boyle v. Fire Proofing Co., 182 Mass. 93; Feneff v. Railroad, 82 N. E. 705; Helmke…
1Opinion of the Court
ROY, C.
The plaintiff sued the Ely-Walker Dry Goods Building Company, the firm of James Stewart & Company, composed of Alexander and James C. Stewart, and the National Fire Proofing Company for damages for personal injuries, the amount claimed being $15,000.
The verdict was against all the defendants for the full amount claimed. The trial court forced a remittitur of $7000, and judgment was entered for $8000, from which the Fire Proofing Company took a separate appeal and the other defendants took a joint appeal. This opinion covers both appeals.
The Ely-Walker Company as owner of the premises…
2Cases cited6 opinions
- Willy v. . MulledyNew York Court of Appeals · 1879
- Pauley v. Steam Gauge & Lantern Co.New York Court of Appeals · 1892
- Racine v. . MorrisNew York Court of Appeals · 1911
- Bell v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1880
- Brannock v. ElmoreSupreme Court of Missouri · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Guthrie v. City of St. CharlesSupreme Court of Missouri · 1941
- Gaines v. Property Servicing CompanySupreme Court of Missouri · 1955
- Cech v. Mallinckrodt Chemical Co.Supreme Court of Missouri · 1929
- Connole v. East St. Louis & Suburban Railway Co.Supreme Court of Missouri · 1937
- Lesh v. Illinois Steel Co.Wisconsin Supreme Court · 1916
13 more not listed; retrieve them via the Exa API.