Most v. Goebel Construction Co.
Missouri Court of Appeals
Appeal from the Circuit Court of the City of St. Louis. —Hon. William M. Kinsey, Judge. (1) The demurrer in this case should have been sustained: (1) Because there was no evidence of defendant’s negligence. (2) Because the statute, Sec. 7843, R. S. 1909, which was the sole ground of negligence alleged in the petition, does not apply to a swinging, movable platform like the one in the instant case.
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Appeal from the Circuit Court of the City of St. Louis. —Hon. William M. Kinsey, Judge. (1) The demurrer in this case should have been sustained: (1) Because there was no evidence of defendant’s negligence. (2) Because the statute, Sec. 7843, R. S. 1909, which was the sole ground of negligence alleged in the petition, does not apply to a swinging, movable platform like the one in the instant case. It was “transitory” and “shifting” in character and its safety was necessarily committed to the workmen in charge. Livingood v. Lead & Zinc Co., 179 Mo. 229; Anderson v. Missouri Granite &…
1Opinion of the CourtBecker, J.
This is an action by Margaret Most, widow of Fred Most, against the Goebel Construction Company, a corporation, for damages suffered by plaintiff as the result of the death of her husband, Fred Most, while employed by the defendant company as a cement finisher. Judgment resulted in favor of plaintiff and against the defendant in the sum of $7500 from which the defendant brings this appeal.
*341Plaintiff’s second amended petition contains appropriate averments as to the relationship of plaintiff to her deceased husband and charges that the Goebel Construction Company is a Missouri corporation. The…
2Cases cited3 opinions
- Deiner v. SutermeisterSupreme Court of Missouri · 1915
- White v. Montgomery Ward & Co.Missouri Court of Appeals · 1915
- Gentry v. Wabash RailroadMissouri Court of Appeals · 1913
3Cited by7 opinions
- Mydlarz v. Palmer/Duncan Construction Co.Montana Supreme Court · 1984
- Carpenter v. BurmeisterMissouri Court of Appeals · 1925
- O'Maley v. the Northwestern Mut. Life Ins. Co.Missouri Court of Appeals · 1936
- Bennett v. G. T. O'Maley Tractor Co.Missouri Court of Appeals · 1922
- Baron Tube Co. v. United StatesUnited States Customs Court · 1957
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