Lauff v. J. Kennard & Sons Carpet Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Eugene McQuilUn, Judge. (1) The court should have sustained the demurrer offered by the defendant at the close of the entire ese, as the evidence does not show any ngligence on the part of the defendant, and for this reason this cause should he reversed without remanding. Plaintiff’s evidence is against reason, and the physical facts show it to be untrue, and cannot sustain this action. Daniels v. Railroad, 177 Mo.
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Appeal from St. Louis City Circuit Court. — Hon. Eugene McQuilUn, Judge. (1) The court should have sustained the demurrer offered by the defendant at the close of the entire ese, as the evidence does not show any ngligence on the part of the defendant, and for this reason this cause should he reversed without remanding. Plaintiff’s evidence is against reason, and the physical facts show it to be untrue, and cannot sustain this action. Daniels v. Railroad, 177 Mo. App. 280; Scroggins v. Railroad, 138 Mo. App. 215; Phippin v. Railroad, 196 Mo. 343. However if admitted as possible and true, the…
1Opinion of the CourtNortoni, J.
— This is a suit for damages accrued to plaintiff on account of personal injuries received through defendant’s negligence. Plaintiff recovered and defendant prosecutes the appeal.
Plaintiff received his injury through defendant’s wagon being backed upon him so as to crush his leg while in the act of mounting the freight platform in the depot of the St. Louis Transfer Company. It appears the St. Louis Transfer Company maintains a large freight depot in the city of St. Louis near Second street apd between Biddle street on the north and Carr street on the south. The depot, though roofed overhead,…
Also in this document: Concurrence.
2Cases cited16 opinions
- Waldhier v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1880
- Davidson v. St. Louis Transit Co.Supreme Court of Missouri · 1908
- McManamee v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1896
- Baustian v. YoungSupreme Court of Missouri · 1899
- Beave v. St. Louis Transit Co.Supreme Court of Missouri · 1908
11 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Annin v. JacksonSupreme Court of Missouri · 1937
- Hunt v. City of St. LouisSupreme Court of Missouri · 1919
- State Ex Rel. American Packing Co. v. ReynoldsSupreme Court of Missouri · 1921
- Bergfeld v. Kansas City Railways Co.Supreme Court of Missouri · 1920
- Osby v. TarltonSupreme Court of Missouri · 1935
4 more not listed; retrieve them via the Exa API.