Sackewitz v. American Biscuit Manufacturing Co.
Missouri Court of Appeals
Appeal from the Jaclcson Circuit Court. — Hon. J. W. Henry, Judge. (1) The court erred in refusing defendant’s request for a peremptory instruction at the close of plaintiff’s case and at the close of all the evidence, for the reason that no case wras made for the jury. Smith v. Railroad, 37 Mo. 297; Yarnell v. Railroad, 113 Mo. 570; Murphy v. Railroad, 115 Mo. Ill; Ryan v. McOully, 123 Mo. 636; Breen v. Cooperage Co., 50 Mo. App. 202; Gallagher v. Edison, etc., Co., 72 Mo.
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Appeal from the Jaclcson Circuit Court. — Hon. J. W. Henry, Judge. (1) The court erred in refusing defendant’s request for a peremptory instruction at the close of plaintiff’s case and at the close of all the evidence, for the reason that no case wras made for the jury. Smith v. Railroad, 37 Mo. 297; Yarnell v. Railroad, 113 Mo. 570; Murphy v. Railroad, 115 Mo. Ill; Ryan v. McOully, 123 Mo. 636; Breen v. Cooperage Co., 50 Mo. App. 202; Gallagher v. Edison, etc., Co., 72 Mo. App. 576; Hicks v. Railroad, 46 Mo. App. 304; Burnes v. Railroad, 129 Mo. 41; Williams v. Railroad, 119 Mo. 316; Pfleka…
1Opinion of the CourtSmith, P. J.
Statement This is an action by the plaintiff against the defendant, a manufacturing corporation, to recover damages for personal injuries resulting to the former in consequence of the negligence of the latter. The defenses pleaded were: (1) that of contributory negligence; and (2) that the injury resulted from the negligence of the servants of an independent contractor over whom the defendant exercised no control and to whom it gave no orders or directions. There was a trial in the court below where plaintiff had judgment and defendant appealed.
The defendant questions the judgment on the…
2Cases cited12 opinions
- Grove v. City of KansasSupreme Court of Missouri · 1882
- Eswin v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1888
- Pier v. HeinrichoffenSupreme Court of Missouri · 1873
- Turner v. HaarSupreme Court of Missouri · 1893
- Herdler v. Buck's Stove & Range Co.Supreme Court of Missouri · 1896
7 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Hardesty v. Largey Lumber Co.Montana Supreme Court · 1906
- Klebe v. Parker Distilling Co.Supreme Court of Missouri · 1907
- Lucid v. E. I. Du Pont De Nemours Powder Co.Court of Appeals for the Ninth Circuit · 1912
- Zellars v. Missouri Water & Light Co.Missouri Court of Appeals · 1902
- Byers v. Carnegie Steel Co.Court of Appeals for the Sixth Circuit · 1908
5 more not listed; retrieve them via the Exa API.