Donovan v. Gay
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Geo. W. Lubke, Judge. (1) An instruction which is calculated to mislead the jury, by withdrawing from their inquiry material facts, is improper, and it is good cause for reversing the judgment. Sigerson v. Pomeroy, 13 Mo. 620 ; Clark v. Hammerle, 27 Mo. 55 ; Mead v. Brotherton, 30 Mo. 201 ; Iron Mt.
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Appeal from St. Louis City Circuit Court. — Hon. Geo. W. Lubke, Judge. (1) An instruction which is calculated to mislead the jury, by withdrawing from their inquiry material facts, is improper, and it is good cause for reversing the judgment. Sigerson v. Pomeroy, 13 Mo. 620 ; Clark v. Hammerle, 27 Mo. 55 ; Mead v. Brotherton, 30 Mo. 201 ; Iron Mt. Bank v. Murdock, 62 Mo. 70; Mansur v. Botts, 80 Mo. 70 ; Continental Improvement Co. v. Staid, 95 U. S. 161. (2) Although the mere exercise of a right is not a wrong in any case, any negligence in the exercise of it that causes a loss to another is…
1Opinion of the CourtBlack, J.
This is a suit for damages for injuries received by the plaintiff while at work in a seven-story office-building owned by Mr. Gfay, the defendant. At the time of the accident’, the building had not been entirely completed. Two elevators had been put in po'sition by Hale & Co. under contract with defendant. They were in operation and completed, save the mere matter of seeing that the machinery was- in working order. They were operated by two boys who were employed by the defendant, and were under the supervision of Mr. Butler, the defendant’s agent. Plaintiff-was a foreman for Mr. Gfuedrey,…
2Cited by9 opinions
- Woodell v. West Virginia Improvement Co.West Virginia Supreme Court · 1893
- Besner v. . Central Trust Co.New York Court of Appeals · 1921
- Chamberlain v. LeeTennessee Supreme Court · 1923
- Ford v. Minneapolis Street Railway Co.Supreme Court of Minnesota · 1906
- Beatty v. Metropolitan Building Co.Washington Supreme Court · 1911
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