Day v. Emery, Bird, Thayer Dry Goods Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Eon. Shannon G. Douglass, Judge. (1) The judgment should be reversed because the trial court erred in not sustaining defendant’s demurrer to the evidence at the close of plaintiff’s evidence in chief, and also erred in not peremptorily instructing the jury at the close of all the evidence, to find for defendant.
Read the full summary
Appeal from Jackson Circuit Court. — Eon. Shannon G. Douglass, Judge. (1) The judgment should be reversed because the trial court erred in not sustaining defendant’s demurrer to the evidence at the close of plaintiff’s evidence in chief, and also erred in not peremptorily instructing the jury at the close of all the evidence, to find for defendant. Kelsay v. Railway, 129 Mo. 362; Lane v. Railway, 132 Mo. 4; Payne v. Railway, 136 Mo. 562; Wheat v. St. Louis, 179 Mo. 572; Weltmer v. Bishop, 171 M'o. 110; Sours v. Railway, 84 Minn. 230, 87 N. W. 766, 88 Minn. 504, 93 N. W. 517. (2) The pleadings…
1Opinion of the CourtBroaddus, P. J.
The plaintiff’s suit is to recover damages as the result of an injury claimed to have been inflicted by reason of the negligence of the defendant. The injury complained of is alleged to have been received on the 24th day of October, 1901, at which time plaintiff was in the employ of defendant corporation, conducting a department store at the northeast corner of Eleventh and Walnut streets in Kansas City, Missouri. Her employment was that of a waitress in defendant’s tea-room and kitchen on the third floor of the building in which the business was conducted.
There was over a part of the kitchen…
2Cases cited7 opinions
- Kelsay v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1895
- Payne v. Chicago & Alton RailroadSupreme Court of Missouri · 1896
- Shortel v. City of St. JosephSupreme Court of Missouri · 1891
- Barr v. City of KansasSupreme Court of Missouri · 1891
- Lane v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1895
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Moose v. Galigher Machinery Co.Utah Supreme Court · 1918