Boesel v. Wells Fargo & Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. W. B. Homer, Judge. (1) The violation of a statute forbidding the employment of a child is negligence per se. Brombey v. Laundry Co., 134 Iowa, 45; Marino v. Lehmaier, 173 N.Y. 530; Strafford v. Iron & Steel Co., .238 111. 371; Car & Foundry Co. v. Dimentrant, 214 111. 509; Lore v. Am. Mfg. Co., 160 Mo. 622. These cases also held that contributory negligence is no defense.
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Appeal from St. Louis City Circuit Court. — Hon. W. B. Homer, Judge. (1) The violation of a statute forbidding the employment of a child is negligence per se. Brombey v. Laundry Co., 134 Iowa, 45; Marino v. Lehmaier, 173 N.Y. 530; Strafford v. Iron & Steel Co., .238 111. 371; Car & Foundry Co. v. Dimentrant, 214 111. 509; Lore v. Am. Mfg. Co., 160 Mo. 622. These cases also held that contributory negligence is no defense. (2) An instruction requiring the jury to find that defendant’s negligence was the sole cause of the injury is erroneous. WallaehV. Transit Co., 123 Mo. App. 168; Newcomb v.…
1Opinion of the CourtFaris, J.
— This case coming into Banc from Division Two, we adopt with some minor emendations, the statement thereof made by Roy, 0., who wrote the opinion in Division. It runs thus:
Suit for damages for personal injuries. Verdict and judgment for defendant, from which plaintiff appeals.
The defendant had its bam at the northeast corner of Johnson and Spruce streets in St. Louis. It fronts south on Spruce. It is 75 feet front by 175 feet deep.- The office, is on the first floor in the southeast corner. That floor is used for vehicles. At the north end of the building is a freight elevator about thirteen…
2Cases cited30 opinions
- Berdos v. Tremont & Suffolk MillsMassachusetts Supreme Judicial Court · 1911
- Inland Steel Co. v. YedinakIndiana Supreme Court · 1909
- McGee v. Wabash RailroadSupreme Court of Missouri · 1908
- Turner v. AndersonSupreme Court of Missouri · 1911
- Sterling v. Union Carbide Co.Michigan Supreme Court · 1905
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3Cited by13 opinions
- Kleinlein v. FoskinSupreme Court of Missouri · 1929
- Huckleberry v. Missouri Pacific RailroadSupreme Court of Missouri · 1930
- Cash v. Sonken-Calamba Co.Supreme Court of Missouri · 1929
- Waldmann v. Skrainka Construction Co.Supreme Court of Missouri · 1921
- Wilson v. WhiteMissouri Court of Appeals · 1954
8 more not listed; retrieve them via the Exa API.