Stegmann ex rel. Stegmann v. Gerber
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Daniel D. Fisher, Judge. (1) Defendants’ instruction for non-suit at tbe close of tbe plaintiff’s case, and at tbe close of tbe whole -case, should have been given. No one can base a right of recovery on bis own fault. As to proximate cause: (a) Tbe youth of plaintiff can not supply tbe place of ■'negligence on tbe part of tbe defendants.
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Appeal from St. Louis City Circuit Court. — Hon. Daniel D. Fisher, Judge. (1) Defendants’ instruction for non-suit at tbe close of tbe plaintiff’s case, and at tbe close of tbe whole -case, should have been given. No one can base a right of recovery on bis own fault. As to proximate cause: (a) Tbe youth of plaintiff can not supply tbe place of ■'negligence on tbe part of tbe defendants. Tbe negligent act alleged of defendants must be tbe proximate •cause of tbe injury, that is, must have produced it in a natural and continuous sequence, unbroken by any new responsible cause; and the injury…
1Opinion of the CourtNortoni, J.
The plaintiff is a minor and sues by his next friend. The action is for damages accrued to plaintiff on account of personal injuries through the alleged negligence of the defendants. Plaintiff recovered and defendants appeal.
The material facts in the record disclose that plaintiff was in the employ of the defendants, engaged as a helper in their butcher shop. Plaintiff was learning* the butcher’s trade and received his injury while operating a sausage mill or meat grinder which was propelled by eiectricity in the defendants’ shop. The negligence relied upon in the petition as grounds for…
2Cases cited3 opinions
- Nugent v. Kauffman Milling Co.Supreme Court of Missouri · 1895
- Herdt v. KoenigMissouri Court of Appeals · 1909
- Bair v. HeibelMissouri Court of Appeals · 1903
3Cited by15 opinions
- Wilson v. WhiteMissouri Court of Appeals · 1954
- Hosford ex rel. Hosford v. Clark ex rel. JonesMissouri Court of Appeals · 1962
- Hirsch v. Freund Bros. Bread Co.Missouri Court of Appeals · 1910
- Coleman v. BuehnerMissouri Court of Appeals · 1969
- Hill v. East St. Louis Cotton Oil Co.Missouri Court of Appeals · 1919
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