Otto Kuehne Preserving Co. v. Allen
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the Western District of Missouri. The Allens recovered a judgment against the preserving company , for damages for the death of their minor daughter, who, while hi tlie service of the company, was killed by the collapse of its factory building at Kansas City, Alo.
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In Error to the Circuit Court of the United States for the Western District of Missouri. The Allens recovered a judgment against the preserving company , for damages for the death of their minor daughter, who, while hi tlie service of the company, was killed by the collapse of its factory building at Kansas City, Alo. The complaint of the paren! s charged that the defendant utterly disregarded its duty to furnish its employes a reasonably safe place in which to perform their duties; that the building was unsafe for the purpose for which it was used and in the manner in which it was used, and…
1Opinion of the Court
HOOK, Circuit Judge,
after stating the case as above, delivered the opinion .of the court.
The defendant requested the court to instruct the jury, first, that under the pleadings in the case, and, next, that under the evidence, they should award the plaintiffs nothing in the way of exemplary damages. The court denied the requests, and, on the contrary, instructed them that under certain conditions stated they might, in their discretion, allow damages of that character. The verdict returned for tlie plaintiffs was for a single sum, and, as the jury were not directed to state the damages that…
2Cases cited17 opinions
- Lake Shore & Michigan Southern Railway Co. v. PrenticeSupreme Court of the United States · 1893
- Day v. WoodworthSupreme Court of the United States · 1852
- Scott v. DonaldSupreme Court of the United States · 1897
- Milwaukee & St. Paul Railway Co. v. ArmsSupreme Court of the United States · 1876
- Philadelphia, Wilmington, & Baltimore Railroad v. QuigleySupreme Court of the United States · 1859
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3Cited by5 opinions
- Spalding v. RobertsonSupreme Court of Missouri · 1947
- Rochester v. Wells, Fargo & Co.Supreme Court of Kansas · 1912
- Chin Kee v. Kaeleku Sugar Co.Hawaii Supreme Court · 1926
- Kahanamoku v. Advertiser Publishing Co.Hawaii Supreme Court · 1922
- Benner v. Truckee River General Electric Co.U.S. Circuit Court for the District of Nevada · 1911