Combs v. Rountree Construction Co.
Supreme Court of Missouri
Appeal from St. Charles Circuit Court. — Sow. H. W. Johnson, Judge.. (1) The court erred in refusing to give the peremptory instruction asked by defendant at the close of all the evidence. Said instruction should have been given because, under the evidence, the act of negligence complained of by plaintiff was not the act of defendant but the act of a fellow-servant. Forbes v. Dunnavant, 95 S. W. 934; Bowen v. Eailroad, 95 Mo. 277; Herbert v. Wiggins Ferry Co., 107 Mo.
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Appeal from St. Charles Circuit Court. — Sow. H. W. Johnson, Judge.. (1) The court erred in refusing to give the peremptory instruction asked by defendant at the close of all the evidence. Said instruction should have been given because, under the evidence, the act of negligence complained of by plaintiff was not the act of defendant but the act of a fellow-servant. Forbes v. Dunnavant, 95 S. W. 934; Bowen v. Eailroad, 95 Mo. 277; Herbert v. Wiggins Ferry Co., 107 Mo. App. 287; Eoss v. Walker, 139 Pa. St. 42; Armour v. Hahn, 111 IJ. S. 313; Eichards v. Hayes, 45 N. Y. Supp. 234; J ones v.…
1Opinion of the CourtGantt, J.
This action originally instituted in the circuit court of the city of St.- Louis, on change of venue was sent to the circuit court of St. Charles county, where it was tried. The petition alleges that on the seventh day of July, 1902, plaintiff was in the employ of the defendant, the Rountree Construction Company, in the capacity of a carpenter, and was engaged for said company in assisting in constructing a wall for the Industries Building at the World’s Fair grounds in the city of St. Louis, on which building the defendant was a contractor. That on the last-mentioned day whilst plaintiff was…
2Cases cited16 opinions
- Armour v. HahnSupreme Court of the United States · 1884
- Bowen v. Chicago, Burlington & Kansas City Railway Co.Supreme Court of Missouri · 1888
- Beesley v. F. W. Wheeler & Co.Michigan Supreme Court · 1894
- Killea v. FaxonMassachusetts Supreme Judicial Court · 1878
- Arkerson v. DennisonMassachusetts Supreme Judicial Court · 1875
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3Cited by30 opinions
- United States Smelting Co. v. ParryCourt of Appeals for the Eighth Circuit · 1909
- Carver v. Missouri-Kansas-Texas RailroadSupreme Court of Missouri · 1952
- Carver v. Missouri-Kansas-Texas R. Co.Supreme Court of Missouri · 1952
- Oakley v. RichardsSupreme Court of Missouri · 1918
- Bender v. Kroger Grocery & Baking Co.Supreme Court of Missouri · 1925
25 more not listed; retrieve them via the Exa API.