Wessel v. William Waltke & Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon• Eugene McQuillan, Judge. . (1) The reply does not state facts sufficient to constitute an avoidance of, or defense to, the covenant not to sue which is set up in the answer, and the trial court erred in refusing to sustain objection to the introduction of any evidence in the case and in refusing to direct a verdict for the defendant.
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Appeal from St. Louis City Circuit Court. — Hon• Eugene McQuillan, Judge. . (1) The reply does not state facts sufficient to constitute an avoidance of, or defense to, the covenant not to sue which is set up in the answer, and the trial court erred in refusing to sustain objection to the introduction of any evidence in the case and in refusing to direct a verdict for the defendant. Mallinckrodt Chemical Works v. Nemnich, 169 Mo. 388. (2) The failure of the plaintiff to disaffirm or repudiate the covenant not to sue, and to tender the amount received thereunder, prior to the institution of the…
1Opinion of the CourtThompson, J.
This was an action for personal injuries. Plaintiff secured a verdict and judgment in the lower court, defendant filed motion for new trial, which was overruled, and it appeals to this court.
On the 24th day of February, 1913, plaintiff was in the employ of defendant company and while ascending a stairway on that day was injured by being struck on the head by the falling of a trap door which rested on hinges and was suspended over the stairway which ran from the basement to the first floor of the establishment in which he was employed. He was knocked to the floor by the door, rendered…
2Cases cited8 opinions
- Girard v. St. Louis Car Wheel Co.Supreme Court of Missouri · 1894
- Carroll v. United Railways Co.Missouri Court of Appeals · 1911
- Estes v. ReynoldsSupreme Court of Missouri · 1882
- Jarrett v. MortonSupreme Court of Missouri · 1869
- Althoff v. St. Louis Transit Co.Supreme Court of Missouri · 1907
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3Cited by5 opinions
- Wolf v. St. Louis Public Service CompanyMissouri Court of Appeals · 1962
- State Ex Rel. Order of United Commercial Travelers of America v. ShainSupreme Court of Missouri · 1936
- Watson v. BuggSupreme Court of Missouri · 1955
- Syme-Eagle & Co. v. Joplin Grocer Co.Missouri Court of Appeals · 1921
- Byers v. Security Beneficiary SocietyMissouri Court of Appeals · 1941