Glaser v. Rothschild
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Roto. Selden P. Spencer, Judge. (1) Instruction 4 given by the court at the instance of defendant was erroneous. (2) Instruction 5 given by the court at the instance of defendant was erroneous. Coffey v. City of Carthage, 186 Mo. 583. (3) Instruction 1 given by the court at the instance of defendant was erroneous. (4) The refusal of instruction 3 asked by plaintiff was erroneous.
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Appeal from St. Louis City Circuit Court. — Roto. Selden P. Spencer, Judge. (1) Instruction 4 given by the court at the instance of defendant was erroneous. (2) Instruction 5 given by the court at the instance of defendant was erroneous. Coffey v. City of Carthage, 186 Mo. 583. (3) Instruction 1 given by the court at the instance of defendant was erroneous. (4) The refusal of instruction 3 asked by plaintiff was erroneous. Plaintiff had the right to proceed upon the assumption set forth in this instruction. Hollis v. Merchants Assn., 205 Mo. 520; Nephler v. Woodward, 200 Mo. 188; Hartman v.…
1Opinion of the CourtLamm, J.
This case was argued and submitted in Division One. That division was equally divided on the main contention in the case, to-wit, whether Glaser was an invitee at the time he was injured or whether he was a mere licensee. The cause having been transferred to Banc, the majority of the Brethren were of opinion he was an invitee. The opinion of our Brother Woodson in division, to whom the case was there assigned and by whom it was written, did not meet the approval of the majority on that point. His divisional opinion will be appended hereto as a dissent on that point, but we all agree that his…
2Cases cited29 opinions
- Faris v. HobergIndiana Supreme Court · 1893
- Hargreaves v. DeaconMichigan Supreme Court · 1872
- Pauckner v. WakemIllinois Supreme Court · 1907
- Reardon v. ThompsonMassachusetts Supreme Judicial Court · 1889
- Evansville & Terre Haute Railroad v. GriffinIndiana Supreme Court · 1885
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3Cited by132 opinions
- State ex rel. Long v. EllisonSupreme Court of Missouri · 1917
- Main v. LehmanSupreme Court of Missouri · 1922
- A. J. Meyer & Co. v. Unemployment Compensation CommissionSupreme Court of Missouri · 1941
- Paubel v. HitzSupreme Court of Missouri · 1936
- Barr v. Nafziger Baking Co.Supreme Court of Missouri · 1931
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