Boettger v. Scherpe & Koken Architectural Iron Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court.—Hon. L. B. Yalliant, Judge. (1) There is no evidence to support the verdict. This court will look into the record to ascertain this, and, if it so find, will reverse the judgment. Schooling v. Ilailroad, 75 Mo. 518; Ilaclcer v. Broivn, 81 Mo. 68. (2) It was error of the trial court to permit expert testimony to be introduced to show that the effect of a knot in a piece of lumber was to weaken it.
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Appeal from St. Louis City Circuit Court.—Hon. L. B. Yalliant, Judge. (1) There is no evidence to support the verdict. This court will look into the record to ascertain this, and, if it so find, will reverse the judgment. Schooling v. Ilailroad, 75 Mo. 518; Ilaclcer v. Broivn, 81 Mo. 68. (2) It was error of the trial court to permit expert testimony to be introduced to show that the effect of a knot in a piece of lumber was to weaken it. Rogers on Expert Testimony, sec. 6, p. 19; Gutridgev. Railroad, 94 Mo. 468; Bohn v. Railroad, 106 Mo. 429; Flynn v. Bridge Co., 42 Mo. App. 529; Underwood v.…
1Opinion of the CourtBbacb, J.
This is an action for damages brought by Carolina Boettger, for the death of her husband Ferdinand or Frank Boettger, who lost his life on the nineteenth day of April, 1892, while in the employment of the defendant. The plaintiff had judgment in the court below for $3,000, and the defendant appeals.
Plaintiff’s cause of action as stated in the petition is, “that on the nineteenth of April, 1892, the said deceased was in the employ of defendant in the capacity of a common laborer, whose duty it was to perform such work as might be required of him; that on said day he was ordered by defendant to…
2Cases cited2 opinions
- Haehl v. Wabash RailroadSupreme Court of Missouri · 1893
- McGowan v. St. Louis Ore & Steel Co.Supreme Court of Missouri · 1891
3Cited by9 opinions
- United States Smelting Co. v. ParryCourt of Appeals for the Eighth Circuit · 1909
- Minter v. Bradstreet Co.Supreme Court of Missouri · 1903
- Barth v. Kansas City Elevated Railway Co.Supreme Court of Missouri · 1898
- Boettger v. Scherpe & Koken Architectural Iron Co.Supreme Court of Missouri · 1896
- Dalton v. St. Louis Smelting & Refining Co.Missouri Court of Appeals · 1915
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