Millar v. Madison Car Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Jacob Klein, Judge. The court below erred in sustaining the motion for a new trial, because: First. .Instruction number 5 for defendant was properly given. Henry v. Railroad, 113 Mo. 534. Second. Instruction number 6 for defendant was properly given. O’Mellia v. Railroad, 115 Mo. 217. Third. Instruction number 9, given by the court on its own motion, was proper.
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Appeal from St. Louis City Circuit Court. — Hon. Jacob Klein, Judge. The court below erred in sustaining the motion for a new trial, because: First. .Instruction number 5 for defendant was properly given. Henry v. Railroad, 113 Mo. 534. Second. Instruction number 6 for defendant was properly given. O’Mellia v. Railroad, 115 Mo. 217. Third. Instruction number 9, given by the court on its own motion, was proper. Henry v. Railroad, 109 Mo. 494; Seligman v. Rogers, 113 Mo. 658; McFadin v. Catron, 120 Mo. 270. Fourth. The order of the superintendent Miller to plain tiff to measure the die was…
1Opinion of the CourtCantt, P. J.
This is an action for personal injuries sustained by plaintiff while in the defendant’s employment.
The petition states that plaintiff, a draughtsman and pattern maker, was employed by the defendant as such in its pattern shop; that on December 24, 1891, he was ordered by his foreman, Miller, to go into defendant’s blacksmith shop and obtain the measurement of a certain die needed for use in a steam hammer which was in the blacksmith shop, operated by steam and worked by a treadle; that there was then a pit or hole, three feet in width, three and one half feet in depth, and six feet in length,…
2Cases cited7 opinions
- E. O. Stanard Milling Co. v. White Line Central Transit Co.Supreme Court of Missouri · 1894
- Hewitt v. SteeleSupreme Court of Missouri · 1893
- First National Bank v. WoodSupreme Court of Missouri · 1894
- Iron Mountain Bank v. ArmstrongSupreme Court of Missouri · 1887
- McFadin v. CatronSupreme Court of Missouri · 1894
2 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Berkemeier v. RellerSupreme Court of Missouri · 1927
- Crawford v. Kansas City Stock Yards Co.Supreme Court of Missouri · 1908
- Benjamin v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1912
- City of Kennett v. Katz Construction Co.Supreme Court of Missouri · 1918
- King Smith v. Kansas City Life Insurance Co.Supreme Court of Missouri · 1942
23 more not listed; retrieve them via the Exa API.