Legal Opinion

Lore v. American Manufacturing Co.

Supreme Court of Missouri

Decided March 12, 1901PublishedCited by 53 opinions

Appeal from St. Louis City Circuit Oourt. — Hon. Jacob Klein, Judge. (1) The peremptory instruction to find for the defendant, asked at the close of the whole case, brings up the entire evidence for review. Hilz v. Railroad, 101 Mo. 36; Hite v. Railroad, 130 Mo. 132. (2) The condition of the floor was incident to appellant’s business. Respondent assumed all risks of her work arising out of the condition of the floor.

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Appeal from St. Louis City Circuit Oourt. — Hon. Jacob Klein, Judge. (1) The peremptory instruction to find for the defendant, asked at the close of the whole case, brings up the entire evidence for review. Hilz v. Railroad, 101 Mo. 36; Hite v. Railroad, 130 Mo. 132. (2) The condition of the floor was incident to appellant’s business. Respondent assumed all risks of her work arising out of the condition of the floor. Jackson v. Railroad, 104 Mo. 448; Luce v. Oil Oo., 129 Mo. 32; Nugent v. Milling Oo., 131 Mo. 241. (3) The condition both of the guard and of the floor was continuous and…

1Opinion of the CourtGantt, J.

This is a civil action for damages to plaintiff, an employee in a jute factory owned and operated by defendant, on the twenty-fourth of November, 1894, alleged to have been caused by the negligence of defendant in failing to safely guard its gearing on a machine used for spinning jute in *612the manufacture of bagging, as required by an act of the General Assembly, approved April 20, 1891, and in permitting the guard to said gearing to become and remain out of repair, whereby plaintiff’s right hand and forearm were, without fault on her part, thrown through said guard and into the cog-wheels and…

2Cases cited11 opinions

  1. People Ex Rel. Nechamcus v. Warden of the City PrisonNew York Court of Appeals · 1895
  2. Bassett v. City of St. JosephSupreme Court of Missouri · 1873
  3. Brennan v. City of St. LouisSupreme Court of Missouri · 1887
  4. Kennayde v. Pacific RailroadSupreme Court of Missouri · 1870
  5. Durant v. Lexington Coal Mining Co.Supreme Court of Missouri · 1888

6 more not listed; retrieve them via the Exa API.

3Cited by53 opinions

  1. St. Louis Cordage Co. v. MillerCourt of Appeals for the Eighth Circuit · 1903
  2. Bellerive Investment Co. v. Kansas CitySupreme Court of Missouri · 1929
  3. Hall v. West & Slade Mill Co.Washington Supreme Court · 1905
  4. Simpson v. Witte Iron Works Co.Supreme Court of Missouri · 1913
  5. Scheurer v. Banner Rubber Co.Supreme Court of Missouri · 1910

48 more not listed; retrieve them via the Exa API.

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