Timmerman ex rel. Timmerman v. Frankel
Missouri Court of Appeals
1. NEGLIGENCE: Personal Injuries: Elevators. The plaintiff sued to recover damages for personal injuries sustained by the negligence of the defendants in operating its freight elevator. The plaintiff worked as an errand girl in one of the five departments of the defendants’ wholesale millinery store and factory in Kansas City. The passenger electric elevator was out of repair, and the errand girls were instructed to use the freight elevator.
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1. NEGLIGENCE: Personal Injuries: Elevators. The plaintiff sued to recover damages for personal injuries sustained by the negligence of the defendants in operating its freight elevator. The plaintiff worked as an errand girl in one of the five departments of the defendants’ wholesale millinery store and factory in Kansas City. The passenger electric elevator was out of repair, and the errand girls were instructed to use the freight elevator. The plaintiff put her head over the lattice work which was fifty inches high, to call the elevator, as there were no other signals for it. The elevator…
1Opinion of the CourtJohnson, J.
Plaintiff sued to recover damages for personal injuries she received while in the employment of defendants and which she alleges were caused by negligence of her employers. The answer contains a general traverse and pleas of contributory *178negligence, assumed risk and negligence of a fellow-servant. The cause is here on the appeal of defendants from a judgment of $1500 recovered by plaintiff in the circuit court.
At the time of her injury, October 9, 1911, plaintiff was sixteen years old and had been employed since February, 1910, as an errand girl in. one of the five departments of defendants’…
2Cases cited9 opinions
- Anderson v. Union Terminal RailroadSupreme Court of Missouri · 1901
- Heinzle v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1904
- Saller v. Friedman Bros. Shoe Co.Missouri Court of Appeals · 1907
- Butler v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1906
- Anderson v. Union Terminal RailroadMissouri Court of Appeals · 1899
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3Cited by8 opinions
- Smith v. ThompsonSupreme Court of Missouri · 1940
- State Ex Rel. Duvall v. EllisonSupreme Court of Missouri · 1920
- Birdsong v. JonesMissouri Court of Appeals · 1930
- Ismail v. City of New YorkNew York Supreme Court · 1959
- Birdsong v. JonesMissouri Court of Appeals · 1930
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