Legal Opinion

Riecke v. Anheuser-Busch Brewing Ass'n

Missouri Court of Appeals

Decided February 8, 1921PublishedCited by 16 opinions

.Appeal from the Circuit Court of the City of St. Louis.— Eon. Kent K. Koerner, Judge. (1) The verdict, assuming that the plaintiff was entitled to recover at all, was grossly excessive. Mitchell v. United Railways Co., 125 Mo. App. 1; St. L., I. M. & S. Ry. Co. v. Woodruff, 89 Ark. 9; Weiner v. Minneapolis Street Ry. Co., 80 Minn. 312; Central Texas & N. W. Ry. Co. v. Gibson, 35 Tex. Civ.

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.Appeal from the Circuit Court of the City of St. Louis.— Eon. Kent K. Koerner, Judge. (1) The verdict, assuming that the plaintiff was entitled to recover at all, was grossly excessive. Mitchell v. United Railways Co., 125 Mo. App. 1; St. L., I. M. & S. Ry. Co. v. Woodruff, 89 Ark. 9; Weiner v. Minneapolis Street Ry. Co., 80 Minn. 312; Central Texas & N. W. Ry. Co. v. Gibson, 35 Tex. Civ. App — ; Martagna v. Aztec Asphalt Co., 154 N. Y. Supp. 184. (2) The court erred in giving instruction No. 1 for the plaintiff in that it instructed the jury that negligence was presumed on the part of the…

1Opinion of the Court

With the permission of and at the invitation of defendant, plaintiff went upon a tour of inspection of defendant's plant, where it manufactures a non-intoxicating beverage called Bevo. While thus engaged plaintiff received injuries by reason of the explosion of a bottle of Bevo, and on account thereof she recovered a judgment for $1,000, from which defendant has appealed.

Two questions are presented: namely, (1) whether the facts warrant the application of the doctrine of res ipsa loquitur; and (2) whether the verdict and judgment are excessive.

The charge was general negligence, and plaintiff…

2Cases cited12 opinions

  1. Gannon v. Laclede Gas Light Co.Supreme Court of Missouri · 1898
  2. Price v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1909
  3. Payne v. Rome Coca-Cola Bottling Co.Court of Appeals of Georgia · 1912
  4. Rothrock v. Cordz-Fisher Lumber Co.Supreme Court of Missouri · 1898
  5. Stone v. Van Noy Railroad News Co.Court of Appeals of Kentucky · 1913

7 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Stolle v. Anheuser-Busch Inc.Supreme Court of Missouri · 1925
  2. Benkendorfer v. GarrettCourt of Appeals of Texas · 1940
  3. Kapros v. Pierce Oil CorporationSupreme Court of Missouri · 1930
  4. Sweeney v. Blue Anchor Beverage Co.Supreme Court of Pennsylvania · 1936
  5. Gibbs v. General Motors CorporationSupreme Court of Missouri · 1942

11 more not listed; retrieve them via the Exa API.

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