Warnke v. A. Leschen & Sons Rope Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Cour.t. — Hon J. Hugo Grimm, Judge. (1) The court erred in overruling the demurrers to the evidence, because the plaintiff’s son’s own story shows that it was physically impossible for him to have been injured in the manner in which he claims.
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Appeal from St. Louis City Circuit Cour.t. — Hon J. Hugo Grimm, Judge. (1) The court erred in overruling the demurrers to the evidence, because the plaintiff’s son’s own story shows that it was physically impossible for him to have been injured in the manner in which he claims. Where the testimony offered by plaintiff and relied upon by him to make out his case utterly ^at variance with physical facts, it is the duty of the court to give a peremptory instruction for the defendant. Artz v. Railroad, 34 Iowa 159; Maryland v. Railroad, 16 Atl. Rep. 623; Meyers v. Railroad, 24 Atl. Rep. 747;…
1Opinion of the CourtAllen, J.
— Plaintiff brings this action to recover for the loss of the earnings of his minor son resulting from an injury received by the latter while in the employ of the defendant corporation and alleged to have been occasioned by its negligence, and for certain items of expense incurred by plaintiff in and *37about the treatment of his son’s injury. Plaintiff recovered judgment below in the sum of $1000, and the defendant appeals.
On March 22, 1910, plaintiff’s son, being then- a minor about sixteen years and nine months of age, was in the employ of the defendant in the latter’s factory, and engaged in…
2Cases cited9 opinions
- Kelsay v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1895
- Bradley v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Missouri · 1897
- Payne v. Chicago & Alton RailroadSupreme Court of Missouri · 1896
- Nugent v. Kauffman Milling Co.Supreme Court of Missouri · 1895
- Shinn v. United Railways Co.Supreme Court of Missouri · 1913
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Wilson v. WhiteMissouri Court of Appeals · 1954
- Klaber v. Kansas City, MissouriMissouri Court of Appeals · 1929
- Roy v. Kansas CityMissouri Court of Appeals · 1920
- Yarde v. HinesMissouri Court of Appeals · 1922
- Agee v. HerringMissouri Court of Appeals · 1927
5 more not listed; retrieve them via the Exa API.