Melcher v. Freehold Investment Co.
Missouri Court of Appeals
Appeal from Greene County Circuit Court. — How. Arch A. Johnson, Judge. (1) This case both on the petition and on the evidence, rests on the res ipsa loquitur doctrine; and the circumstances shown are such that the mere fact of the occurrence of the accident is no proof of negligence.
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Appeal from Greene County Circuit Court. — How. Arch A. Johnson, Judge. (1) This case both on the petition and on the evidence, rests on the res ipsa loquitur doctrine; and the circumstances shown are such that the mere fact of the occurrence of the accident is no proof of negligence. A servant can invoke the res ipsa loquitur doctrine in those cases alone, “where the injury arose from some condition or want that is in its very nature so obviously destructive of the safety of persons or property ,and is so tortious in its quality, as in the first instance at least to permit no inference save…
1Opinion of the CourtRobertson, P. J.
Plaintiff recovered judgment, as the result of a jury trial, on account of personal injuries and defendant has appealed. On June 16, 1912, the plaintiff was employed by the defendant in operating its electrically propelled passenger elevator in Springfield, being in what is known as the Woodruff building, an office building ten stories in height. The plaintiff was at work on the night of the 16th, his duties being to run the elevator and oversee the janitors. About one o’clock on that night he heard what he supposed was something crash on one of the upper floors and upon entering the…
Also in this document: Concurrence.
2Cases cited16 opinions
- Geismann v. Missouri-Edison Electric Co.Supreme Court of Missouri · 1903
- Von Trebra v. Laclede Gaslight Co.Supreme Court of Missouri · 1908
- Combs v. Rountree Construction Co.Supreme Court of Missouri · 1907
- Ryan v. St. Louis Transit Co.Supreme Court of Missouri · 1905
- Ridenour v. Wilcox Mines Co.Missouri Court of Appeals · 1912
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3Cited by3 opinions
- Warren v. Missouri & Kansas Telephone Co.Missouri Court of Appeals · 1917
- Foster v. Kansas City, Clay County & St. Joseph Railway Co.Supreme Court of Missouri · 1930
- Smissman v. WellsMissouri Court of Appeals · 1923