Peetz v. St. Louis Transfer Co.
Missouri Court of Appeals
Appeal from the Circuit Court of the City of St. Louis. —Hon. J. Hugo Grimm, Judge. (1) The motion for nonsuit should have been granted, for the following reasons: (a) There was no evidence that defendant knew of the alleged existence of the nail or nails that are claimed to have caused the injury, nor is there any evidence that defendant in the exercise of ordinary care should have known of such nail or nails. Henson v. Stave Co., 151 Mo.
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Appeal from the Circuit Court of the City of St. Louis. —Hon. J. Hugo Grimm, Judge. (1) The motion for nonsuit should have been granted, for the following reasons: (a) There was no evidence that defendant knew of the alleged existence of the nail or nails that are claimed to have caused the injury, nor is there any evidence that defendant in the exercise of ordinary care should have known of such nail or nails. Henson v. Stave Co., 151 Mo. App. 234; Wojtytak v. Coal Co., 188 Mo. 260, 281; Pippin v. Construction Co., 187 Mo. App. 360; Bowen v. Railroad., 95 Mo. 26.8, 276. (b) Plaintiff had…
1Opinion of the CourtReynolds, P. J.
Action to recover damages for injuries said to have been sustained by plaintiff while unloading a wagon of a defendant which he had been driving, it being charged in the petition that while plaintiff was lifting or moving one of four barrels of molasses, which were part of his load, from the wagon, a nail protruding from the bed of the wagon caught in the sole of plaintiff’s left shoe, tripped him, and caused' the barrel which he was then lifting to fall with great force and violence on the lower part of his leg, causing a compound fracture of the leg, in consequence of which fracture he was…
2Cases cited2 opinions
- Weesen v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1914
- Halloran v. Pullman Co.Missouri Court of Appeals · 1910