Legal Opinion

Mueller v. LaPrelle Shoe Co.

Missouri Court of Appeals

Decided January 24, 1905PublishedCited by 7 opinions

Appeal from St. Louis City Circuit Court. — Hon. D. D. Fisher, Judge. (1) The court erred in refusing to give the peremptory instruction offered by appellant at the. close of all the evidence, (a) Because there was no evidence of any violation of the statute of the State in regard to belting, shafting, gearing and drums having to be securely guarded; (b) Because there was no evidence that defendant failed to give plaintiff proper warning in reference to the dangers of said…

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Appeal from St. Louis City Circuit Court. — Hon. D. D. Fisher, Judge. (1) The court erred in refusing to give the peremptory instruction offered by appellant at the. close of all the evidence, (a) Because there was no evidence of any violation of the statute of the State in regard to belting, shafting, gearing and drums having to be securely guarded; (b) Because there was no evidence that defendant failed to give plaintiff proper warning in reference to the dangers of said machine; (c) Because while there was evidence that the said machine had no fenders and safeguards on it there was no…

1Opinion of the CourtGoode, J.

Personal injury case. At the time plaintiff was hurt he was a minor past eighteen years of age and working in the defendant’s shoe factory. He was employed in that factory July 23,1903, and injured on the thirteenth day of the following October; but had worked on the machine that hurt him less than three days before the accident. That machine was for pressing leather. It had two iron rollers, one placed above the other and rolling inwardly, which took hold of pieces of leather fed to them by hand and drew the pieces through, thus smoothing their surfaces. A horizontal table was immediately in…

2Cases cited15 opinions

  1. Hough v. Railway Co.Supreme Court of the United States · 1880
  2. Washington & Georgetown Railroad v. McDadeSupreme Court of the United States · 1890
  3. Waldhier v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1880
  4. McManamee v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1896
  5. Crane v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1885

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3Cited by7 opinions

  1. Gibler v. Quincy, Omaha & Kansas City RailroadMissouri Court of Appeals · 1910
  2. Missouri, Kansas & Texas Railway Co. v. ThomasCourt of Appeals of Texas · 1910
  3. Lee v. St. Louis, Memphis & Southeastern RailroadMissouri Court of Appeals · 1905
  4. Knoles v. Southwestern Bell Telephone Co.Missouri Court of Appeals · 1924
  5. Cabanne v. St. Louis Car Co.Missouri Court of Appeals · 1913

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