Wolf v. Terminal Ry. Assn.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Benjamin J. Klene, Judge. It appeared from defendant’s own evidence in the cause, as well as from plaintiff’s evidence, that it was necessary for defendant’s switchmen to move the car from which plaintiff and his helper were in the act of removing the furniture which they had temporarily placed there. Defendant’s witness testified that “the stuff had to be out of there before we could move the car.”
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Appeal from St. Louis City Circuit Court. — Hon. Benjamin J. Klene, Judge. It appeared from defendant’s own evidence in the cause, as well as from plaintiff’s evidence, that it was necessary for defendant’s switchmen to move the car from which plaintiff and his helper were in the act of removing the furniture which they had temporarily placed there. Defendant’s witness testified that “the stuff had to be out of there before we could move the car.” Therefore, in assisting the plaintiff to remove the furniture from the car and in turning in the end gate of the car for that purpose, defendant’s…
1Opinion of the CourtBlair, P. J.
This is an appeal from an order overruling a motion to set aside an involuntary nonsuit taken by appellant in an action he brought for damages he alleged he received when a tail gate or end gate in one of respondent’s cars fell upon his feet while he was moving a piece of furniture out of the car. .
Appellant testified he was a furniture mover in the employ of Lammert Furniture Company, and was sent, with a helper, to remove the furniture from one of respondent’s box cars which stood upon a track in its yards; the team track was on the south side of the car; when the south car door was opened…
2Cases cited4 opinions
- Snyder v. Han. & St. Jos. R. R.Supreme Court of Missouri · 1875
- Whiteaker v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1913
- Maniaci v. Interurban Express Co.Supreme Court of Missouri · 1916
- Walker v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1894
3Cited by9 opinions
- Oganaso v. MellowSupreme Court of Missouri · 1947
- State Ex Rel. Gosselin v. TrimbleSupreme Court of Missouri · 1931
- Burks v. LeapSupreme Court of Missouri · 1967
- Usrey v. Dr. Pepper Bottling CompanyMissouri Court of Appeals · 1964
- Hoover Motor Express Co. v. ThomasCourt of Appeals of Tennessee · 1933
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