Leffler v. Anheuser-Busch Brewing Ass'n
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court.—Hon. BoM. M. Foster, Judge. (1) The happening of an event which, in the court of the customary and proper use of an appliance, when in good condition, would not have happened, is of itself evidence of negligence, under the doctrine of res ipsa loquitur, and calls for an explanation by the defendant, and the mere fact of the relation of master and servant is not sufficient to render this doctrine inapplicable between them.
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Appeal from St. Louis City Circuit Court.—Hon. BoM. M. Foster, Judge. (1) The happening of an event which, in the court of the customary and proper use of an appliance, when in good condition, would not have happened, is of itself evidence of negligence, under the doctrine of res ipsa loquitur, and calls for an explanation by the defendant, and the mere fact of the relation of master and servant is not sufficient to render this doctrine inapplicable between them. St. Clair v. Railroad, 122 Mo. App. 529; Lee v. Railroad, 112 Mo. App. 406; Mooney v. Lumber Co., 154 Mass. 407. (2) It was the…
1Opinion of the CourtGoode, J.
Appellant received a personal injury while working in respondent’s establishment in the city of St. Louis. He had been employed by respondent during the month of May, 1905, in setting up and erecting machinery in different departments of its brewery; but had been in respondent’s service for three years. Appellant is a millwright of thirty-five years’ experience. Portions of the machinery in respondent’s establishment were being moved from one room to another and installed in new quarters. One of the pieces which had been moved was a device or machine used for pressing water out of thin wood,…
2Cases cited6 opinions
- Stevens v. NicholsMassachusetts Supreme Judicial Court · 1892
- Dougherty v. Missouri Pacific RailroadMissouri Court of Appeals · 1881
- State v. LacklandSupreme Court of Missouri · 1896
- Bigelow v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1892
- Glick v. Kansas City, Fort Scott & Memphis RailroadMissouri Court of Appeals · 1894
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