Legal Opinion

McCardle v. George B. Peck Dry Goods Co.

Supreme Court of Missouri

Decided May 29, 1917PublishedCited by 18 opinions

Appeal from Jackson Circuit Court. — Now. William O. Thomas, Judge. (1) Defendant in operating the elevator was a common carrier. Cooper v. Realty Coi, 224 Mo. 709; Orcutt v. Century Bldg. Co., 214 Mo. .35; Lee v. Knapp, 155 Mo. 610; Lincoln R. E. & B. Co. v. Becker, 174 Mo. 246. And instruction number 1 given for defendant was erroneous.

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Appeal from Jackson Circuit Court. — Now. William O. Thomas, Judge. (1) Defendant in operating the elevator was a common carrier. Cooper v. Realty Coi, 224 Mo. 709; Orcutt v. Century Bldg. Co., 214 Mo. .35; Lee v. Knapp, 155 Mo. 610; Lincoln R. E. & B. Co. v. Becker, 174 Mo. 246. And instruction number 1 given for defendant was erroneous. (2) Defendant as a common carrier was required to exercise the highest practicable .degree of care, caution and diligence which prudent persons would exercise under like circumstances, and instructions numbered 1 and 7 given for defendants were erroneous, in…

1Opinion of the Court

ROY, C.

Plaintiff sued for $20,000 as damages for alleged personal injuries caused by the fall of a -pássenger elevator in defendant’s department store in Kansas City in which the plaintiff was at the time a passenger. There was a verdict and judgment for the defendant, and the plaintiff has appealed. ' ’ ■

A previous suit' by the plaintiff’s husband against the same defendant for damages for loss of services' of the wife by reason of said alleged injuries is reported in' 191 Mo. App. 263.

It is sufficient for the purposes of this case to say that the evidence tends to show that on December…

2Cases cited15 opinions

  1. Mitchell v. . Rochester Railway Co.New York Court of Appeals · 1896
  2. Spade v. Lynn & Boston RailroadMassachusetts Supreme Judicial Court · 1897
  3. Purcell v. St. Paul City Ry. Co.Supreme Court of Minnesota · 1892
  4. Orcutt v. Century Building Co.Supreme Court of Missouri · 1907
  5. Trigg v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1881

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

3Cited by18 opinions

  1. Pretsky v. Southwestern Bell Telephone CompanySupreme Court of Missouri · 1965
  2. Hyde v. City of ColumbiaMissouri Court of Appeals · 1982
  3. Golston v. Lincoln Cemetery, Inc.Missouri Court of Appeals · 1978
  4. Porter v. St. Joseph Railway, Light, Heat & Power Co.Supreme Court of Missouri · 1925
  5. State Ex Rel. Kurn v. HughesSupreme Court of Missouri · 1941

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

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