Obermeyer v. Logeman Chair Manufacturing Co.
Supreme Court of Missouri
Appeal from St. Louis County Circuit Court.— Hon. Jno. W. McElhinney, Judge. (1) The court erred in refusing to give the peremptory instruction offered by appellant at the close of all the evidence, (a) Because there was no evidence to sustain any of the allegations of negligence contained in respondent’s petition, (b) Because the evidence clearly showed that the risk of riding on the elevator was assumed, by the respondent.
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Appeal from St. Louis County Circuit Court.— Hon. Jno. W. McElhinney, Judge. (1) The court erred in refusing to give the peremptory instruction offered by appellant at the close of all the evidence, (a) Because there was no evidence to sustain any of the allegations of negligence contained in respondent’s petition, (b) Because the evidence clearly showed that the risk of riding on the elevator was assumed, by the respondent. Devitt v. Railroad, 50 Mo. 302; Cagney v. Railroad, 69 Mo. 416; Smith v. Railroad, 69 Mo. 32; Price v. Railroad, 77 Mo. 510; Flynn v. Railroad, 78 Mo. 195; Spiva v. Osage…
1Opinion of the CourtWoodson, J.
— This cause was tried in the circuit court of the city of St. Louis, and resulted in a judgment in favor of the plaintiff for the sum of $3000. The defendant appealed the cause to the St. Louis Court of Appeals, where the judgment of the circuit *101court was affirmed, in a very able and exhaustive opinion written by Judge Bland, in which Judge Goode concurred, and from which Judge Nortoni dissented. Because of this dissent the cause was certified by that court to this.
After a very careful consideration of Judge Bland’s opinion, we find that he has carefully considered each and every question…
2Cases cited21 opinions
- Bassett v. City of St. JosephSupreme Court of Missouri · 1873
- Curtis v. McNairSupreme Court of Missouri · 1903
- Smart v. Kansas CitySupreme Court of Missouri · 1907
- Village of Carterville v. CookIllinois Supreme Court · 1889
- Wendler v. People's House Furnishing Co.Supreme Court of Missouri · 1901
16 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Daneschocky v. SiebleMissouri Court of Appeals · 1917
- Cannon v. S. S. Kresge Co.Missouri Court of Appeals · 1938
- F v. FMissouri Court of Appeals · 1960
- Henry v. the First Nat'l Bk. of Kansas CityMissouri Court of Appeals · 1938
- McWhorter v. Dahl Chevrolet Co.Missouri Court of Appeals · 1935
12 more not listed; retrieve them via the Exa API.