Rutledge v. Swinney
Supreme Court of Missouri
Appeal from Pettis Circuit Court. — Hon. Hopldns B. . Shain, Judge. (1) The court should have given the peremptory-instruction, asked hy appellants at the close of all the evidence, because the petition does not state a cause of action, in that it does not allege that the cross-arms and pins referred to in respondent’s petition were furnished for the purpose of bearing the weight of linemen, or that respondent, while using same, was acting in the discharge of his duties.
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Appeal from Pettis Circuit Court. — Hon. Hopldns B. . Shain, Judge. (1) The court should have given the peremptory-instruction, asked hy appellants at the close of all the evidence, because the petition does not state a cause of action, in that it does not allege that the cross-arms and pins referred to in respondent’s petition were furnished for the purpose of bearing the weight of linemen, or that respondent, while using same, was acting in the discharge of his duties. Roberts v. Tel. Co., 166 Mo. 369; Telephone Co. v. Speicher, 117 Mo. 405; Sindlinger v. Kansas City, 126 Mo. 355; Kelly v.…
1Opinion of the CourtBrown, J.
Plaintiff sues for injuries sustained while worMng for defendants as a lineman. Defendants are receivers of the Sedaba Light & Traction Company.
This is the second appeal in this case. On the first trial plaintiff obtained a judgment of $5000, which was reversed by the Kansas City Court of Appeals on account of erroneous instructions. [170 Mo. App. l. c. 265.] Upon a second trial plaintiff had judgment for $9000, from which defendants appeal to this court.
The plaintiff sustained his alleged injuries by falling twenty-one feet from an electric light pole upon a brick sidewalk. The nature of his…
2Cases cited7 opinions
- Dutcher v. Wabash RailroadSupreme Court of Missouri · 1912
- Corby v. Missouri & Kansas Telephone Co.Supreme Court of Missouri · 1910
- Roberts v. Missouri & Kansas Telephone Co.Supreme Court of Missouri · 1902
- Stafford v. AdamsMissouri Court of Appeals · 1905
- Sexton v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1912
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3Cited by1 opinion
- First National Bank v. Security Mutual Life InsuranceSupreme Court of Missouri · 1920