Holloran v. Union Iron & Foundry Co.
Supreme Court of Missouri
Appeal from, the St. Louis City Circuit Court. — Hon. D. D. Eisheb, Judge. (1) To warrant the giving of a demurrer to the evidence it must be clear that a man of common prudence, in a like situation, would not have undertaken the work and that no other conclusion is fairly deducible from the evidence, giving the plaintiff the benefit of every favorable inference that may be reasonably drawn from it. Schroederv.
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Appeal from, the St. Louis City Circuit Court. — Hon. D. D. Eisheb, Judge. (1) To warrant the giving of a demurrer to the evidence it must be clear that a man of common prudence, in a like situation, would not have undertaken the work and that no other conclusion is fairly deducible from the evidence, giving the plaintiff the benefit of every favorable inference that may be reasonably drawn from it. Schroederv. Railroad, 108 Mo. 322-333, and cases cited; Millinery Go. v. Bailroad, 59 Mo. App. 668. (2) “Where the servant incurs the risk of machinery, which, though dangerous, is not so much so…
1Opinion of the CourtGantt, P. J.
This is an action for personal injuries sustained by the plaintiff, in falling from the first floor of the DeMenil building in St. Louis into the cellar thereof during its construction.
Plaintiff was a laborer for the Union Iron & Foundry Company which had the contract for the iron work in said building and had been employed for two years by said company in the general work of receiving, moving, and putting up iron work in buildings in *474the course of construction. On the day he received his injuries, plaintiff was engaged, in conjunction with several other laborers, in moving an upright derrick…
2Cases cited8 opinions
- Dolner v. The MonticelloU.S. Circuit Court for the District of Massachusetts · 1870
- Huhn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Stephens v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1888
- Keegan v. KavanaughSupreme Court of Missouri · 1876
- Conroy v. Vulcan Iron WorksSupreme Court of Missouri · 1876
3 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Curtis v. McNairSupreme Court of Missouri · 1903
- Hamman v. Central Coal & Coke Co.Supreme Court of Missouri · 1900
- Coin v. John H. Talge Lounge Co.Supreme Court of Missouri · 1909
- George v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1910
- Chrismer v. Bell Telephone Co.Supreme Court of Missouri · 1906
32 more not listed; retrieve them via the Exa API.