French v. Center Creek Powder Manufacturing Co.
Missouri Court of Appeals
Appeal from Jasper County Circuit Court, Division No. One. Hon. Joseph D. Perkins, Judge. (1) The doctrine of res ipsa loquitur, is applicable to this case and the court should have given instruction marked C. The court instructs you that you are authorized to find that the fire in defendant’s mix-house was caused by defendant’s negligence from the mere fact that said fire occurred under the circumstances detailed in the evidence in the case.
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Appeal from Jasper County Circuit Court, Division No. One. Hon. Joseph D. Perkins, Judge. (1) The doctrine of res ipsa loquitur, is applicable to this case and the court should have given instruction marked C. The court instructs you that you are authorized to find that the fire in defendant’s mix-house was caused by defendant’s negligence from the mere fact that said fire occurred under the circumstances detailed in the evidence in the case. Griffin v. Morris, 9 Am: Neg. 336; Renney v. Railroad, 70 Mo. 245; Brown v. Railroad, 13 Mo. App. 462¡Bedford v. Railroad, 46 Mo. 456; Coale v.…
1Opinion of the CourtFarrington, J.
—This was a suit for personal injuries alleged to' have been sustained by Viola French, the plaintiff, as the result of an explosion of defendant’s powder manufacturing plant in Jasper county. The petition charges that on or about the thirteenth day of February, -1912, the defendant carelessly and negligently caused and permitted a large quantity of nitroglycerin, dynamite and other explosives to explode at and in said powder manufacturing plant. It is then alleged that the explosion was such as to shake plaintiff’s house in such a way as to cause a picture which was banging on tbe wall to…
2Cases cited6 opinions
- Kinney v. Koopman & GerdesSupreme Court of Alabama · 1896
- Faust v. PopeMissouri Court of Appeals · 1908
- Hoffman v. WalshMissouri Court of Appeals · 1906
- Scalpino v. SmithMissouri Court of Appeals · 1911
- Thurmond v. Ash Grove White Lime Ass'nMissouri Court of Appeals · 1907
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Exner v. Sherman Power Const. Co.Court of Appeals for the Second Circuit · 1931
- Green v. Ensign-Bickford Co.Connecticut Appellate Court · 1991
- Yukon Equipment, Inc. v. Fireman's Fund Insurance Co.Alaska Supreme Court · 1978
- Prentiss v. National Airlines, Inc.District Court, D. New Jersey · 1953
- Johnson v. Kansas City Terminal Railway Co.Missouri Court of Appeals · 1914
5 more not listed; retrieve them via the Exa API.