Beard v. American Car Co.
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Pembrook R. Elitcraft, Judge. The undisputed facts show that under the pleadings and evidence plaintiff was not entitled to recover, and that the instruction to that effect, offered by defendant, should have been given. Wilson v. Beckwith, 117 Mo. 61; Flynn v. Bridge Co., 42 Mo. App. 530; Thomp. on Neg., p. 1053; Wood on Mas. & Ser., sec. 368; Sparks v. B. B., 31 Mo. App.
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Appeal from the St. Louis City Circuit Court. — Hon. Pembrook R. Elitcraft, Judge. The undisputed facts show that under the pleadings and evidence plaintiff was not entitled to recover, and that the instruction to that effect, offered by defendant, should have been given. Wilson v. Beckwith, 117 Mo. 61; Flynn v. Bridge Co., 42 Mo. App. 530; Thomp. on Neg., p. 1053; Wood on Mas. & Ser., sec. 368; Sparks v. B. B., 31 Mo. App. Ill; Fletcher v. B. B., 64 Id. 484; Bell v. B. B., 72 Mo. 50; Lenix v. B’y, 76 Id. 86; Boland v. B. B., 36 Id. 484; Flynn v. B. B., 78 Id. 195; Conroy v. Iron Works, 62…
1Opinion of the CourtBland, P. J.
This case is here the second time by appeal. The judgment on first appeal was reversed because of the admission of incompetent and irrelevant testimony on the trial. Beard v. American Car Co., 63 Mo. App. 382.
Mvaní negngcnrie. The plaintiff by his petition alleges that he was the servant of defendant, and as such was ordered to help unload some barrels of white lead from a wagon of defendant; that to unload these barrels of lead, he was furnished with an unreasonably unsafe appliance, whereby he was injured. The answer admits that plaintiff was ordered by a vice-principal of defendant to…
2Cases cited11 opinions
- Huhn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Stephens v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1888
- Conroy v. Vulcan Iron WorksSupreme Court of Missouri · 1876
- Soeder v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1890
- Young v. Shickle, Harrison & Howard Iron Co.Supreme Court of Missouri · 1890
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3Cited by3 opinions
- Harris v. Kansas City Southern Railway Co.Missouri Court of Appeals · 1910
- Baker v. J. H. Hudson Drilling Co.Supreme Court of Oklahoma · 1930
- Robinson v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1908