Zeis v. St. Louis Brewing Ass'n
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court.— Hon. Jno. A. Blevins, Judge. (1) Plaintiff’s motion for new trial having been sustained on one specific ground is deemed to have been overruled as to all others.
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Appeal from St. Louis City Circuit Court.— Hon. Jno. A. Blevins, Judge. (1) Plaintiff’s motion for new trial having been sustained on one specific ground is deemed to have been overruled as to all others. The single question, therefore, is presented whether a new trial should have been granted because of instruction 2. R. S. 1899, sec. 801; Millar v. Madison Car Co., 130 Mo. 523 '; Candee v. Railroad, 130 Mo. 142; Bradley v. Reppel, 133 Mo. 560; Ittner v. Hughes, 133 Mo. 688; Herdler v. Buck S. & R. Co., 136 Mo. 8. (2) Instruction 2 is correct. Accident in the sense of misadventure is…
1Opinion of the CourtWoodson, J.
This is a suit that was instituted in the circuit court of the city of St. Louis, by the respondent against the appellant, seeking to recover damages in the sum of fifteen thousand dollars for an injury to his eye, caused by the alleged negligence of appellant, in furnishing him a weak and insecure box, in which he was required to haul and deliver beer, which gave way or broke on account of weakness, while the box was being loaded into the wagon, and allowed the bottles of beer to fall therefrom, upon a granitoid floor, which broke one or more of the bottles, and caused a piece of glass to…
2Cases cited11 opinions
- Curtis v. McNairSupreme Court of Missouri · 1903
- Yarnell v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1893
- Dulaney v. BuffumSupreme Court of Missouri · 1903
- Cantwell v. Columbia Lead Co.Supreme Court of Missouri · 1906
- Tabler v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1887
6 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Beave v. St. Louis Transit Co.Supreme Court of Missouri · 1908
- Hogan v. Kansas City Public Service Co.Supreme Court of Missouri · 1929
- George v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1910
- Krehmeyer v. St. Louis Transit Co.Supreme Court of Missouri · 1909
- Applegate v. Quincy, Omaha & Kansas City RailroadSupreme Court of Missouri · 1913
14 more not listed; retrieve them via the Exa API.