Pohlmann v. American Car & Foundry Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Daniel D. Fisher, Judge. (1) In considering a request for a peremptory instruction asked by defendant, the testimony offered in the cause favorable to plaintiff should be taken as true, and every reasonable inference therefrom be drawn in his favor. Story v. Transit Co., 108 Mo. App. 430; Baxter v. Transit Co., 103 Mo. App. 597; Holman v. Mining & Smelting Co., 102 Mo.
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Appeal from St. Louis City Circuit Court. — Hon. Daniel D. Fisher, Judge. (1) In considering a request for a peremptory instruction asked by defendant, the testimony offered in the cause favorable to plaintiff should be taken as true, and every reasonable inference therefrom be drawn in his favor. Story v. Transit Co., 108 Mo. App. 430; Baxter v. Transit Co., 103 Mo. App. 597; Holman v. Mining & Smelting Co., 102 Mo. App. 423; Pauck v. Beef .& Provision Co., 159 Mo. 467. (2) It cannot be said, as a matter of law, that a projecting set screw is not dangerous, on the contrary verdicts based on…
1Opinion of the CourtBland, P. J.
(after stating the facts). — If we assume, as we think Ave may well do, that defendant was negligent in having the thumb screw project an inch or more from the shaft; that it was negligent in not having the water can fastened securely to the table, so as to avoid the danger of its manipulation by the operator of the machine; and that it was negligent in putting plaintiff, an inexperienced person, at work Avith the machine, without first explaining its parts and operation and instructing him how to use it, the question for decision is, was plaintiff guilty of such contributory negligence as to…
2Cases cited15 opinions
- Keegan v. KavanaughSupreme Court of Missouri · 1876
- Devlin v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1885
- Fugler v. BotheSupreme Court of Missouri · 1893
- Pauck v. St. Louis Dressed Beef & Provision Co.Supreme Court of Missouri · 1901
- Aldridge's Adm'r v. Midland Blast Furnace Co.Supreme Court of Missouri · 1883
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3Cited by2 opinions
- Rogers v. Tegarden Packing Co.Missouri Court of Appeals · 1914
- Hirsch v. Freund Bros. Bread Co.Missouri Court of Appeals · 1910