Legal Opinion

Bailey v. Stix, Baer & Fuller Dry Goods Co.

Missouri Court of Appeals

Decided June 14, 1910PublishedCited by 4 opinions

Appeal from St. Louis City Circuit Court. — Eon. Eugene McQuillin, Judge. (1) The court erred in overruling the defendant’s demurrer to tbe evidence because there was no evidence whatever of any notice, either actual or constructive, to the master informing the master of the darkness of the stairway. Wojtylak v. Coal Co., 188 Mo. 281; Kelley v. Railroad, 105 Mo. App. 365; Krampe v. Brewing Assn., 59 Mo. App. 277; Pavey v. Railroad, 85 Mo.

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Appeal from St. Louis City Circuit Court. — Eon. Eugene McQuillin, Judge. (1) The court erred in overruling the defendant’s demurrer to tbe evidence because there was no evidence whatever of any notice, either actual or constructive, to the master informing the master of the darkness of the stairway. Wojtylak v. Coal Co., 188 Mo. 281; Kelley v. Railroad, 105 Mo. App. 365; Krampe v. Brewing Assn., 59 Mo. App. 277; Pavey v. Railroad, 85 Mo. App. 218; Herbert v. Shoe Co., 90 Mo. App. 305; Mfg. Co. v. Woodson, 94 Ala. 147; Wilson v. Railroad, 85 Ala. 273; Railroad v. Holborn, 84 Ala. 133;…

1Opinion of the CourtNortoni, J.

This is a suit for damages accrued to plaintiff on account of personal injuries received through the alleged negligence of defendant. Plaintiff recovered and defendant appeals.

Defendant conducts a large department store in the city of St. Louis and it appears plaintiff was in its employ, having charge of the employees’ wraps in the wrap room on the second floor of the store. Upon concluding work on the day of her injury, plaintiff discovered some one had left a lady’s hat and coat in the wrap room. It was her duty to turn those articles over to defendant’s night watchman for safe keeping…

2Cases cited5 opinions

  1. Klockenbrink v. St. Louis & Meramec River RailroadSupreme Court of Missouri · 1903
  2. Epperson v. Postal Telegraph Cable Co.Supreme Court of Missouri · 1900
  3. Goransson v. Riter-Conley Manufacturing Co.Supreme Court of Missouri · 1905
  4. English v. Roberts, Johnson & Rand Shoe Co.Missouri Court of Appeals · 1909
  5. Strobel v. Gerst Bros. Manufacturing Co.Missouri Court of Appeals · 1910

3Cited by4 opinions

  1. Colonna Shipyard, Inc. v. BlandSupreme Court of Virginia · 1928
  2. Battles v. United Railways Co. of St LouisMissouri Court of Appeals · 1913
  3. Oker v. Hill-O'Meara Construction Co.Missouri Court of Appeals · 1911
  4. Ryon v. American Car & Foundry Co.Missouri Court of Appeals · 1927

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