Leitner v. Grieb
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Wo». E. P. Gates„ Judge. The plaintiff, under the undisputed evidence, was-not entitled to recover and the court should have given a peremptory instruction to return a verdict for defendant, and also instruction No. 2 asked by defendant. Harff v. Green, 67 S. W. 576 (not reported); Lampson v. American Ax Co., 58 N. E. 585, 177 Mass. 144 Worlds v. Railroad, 52 S. E. 646, 99 Ga.-283. Filed an extended argument.
1Opinion of the CourtBroaddus, J.
This suit is for damages alleged; to have been sustained by reason of an injury caused, by the negligence of defendant. The answer was a general denial and allegations of contributory negligence-on the part of plaintiff and assumption by him of the-risk. The facts given in evidence to support plaintiff’s, cause of action briefly stated are as follows:
Plaintiff at the time of the injury was a young man about eighteen years of age in the employ of defendant, and had been for a while previous to his alleged injury 'engaged in handling stone; at the time of his said injury *175he and another workman…
2Cited by12 opinions
- Loehring v. Westlake Construction Co.Missouri Court of Appeals · 1906
- Ferretti v. Southern Pacific Co.Oregon Supreme Court · 1936
- Sandy Valley & Elkhorn Railway Co. v. TackittCourt of Appeals of Kentucky · 1916
- Louisville & Nashville Railroad v. SawyersCourt of Appeals of Kentucky · 1916
- Warden-Pullen Coal Co. v. WallaceSupreme Court of Oklahoma · 1936
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