Saller v. Friedman Bros. Shoe Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Non. Walter B. Douglas, Judge. (1) The court erred in overruling the defendant’s demurrer to the evidence, (a) because no negligence was shown on the part of the defendant; (b) because plaintiff’s own testimony showed that he assumed the risk of any dangers connected with the operation of the machine in question; and (c) because plaintiff’s evidence showed that he was guilty of contributory negligence.
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Appeal from St. Louis City Circuit Court. — Non. Walter B. Douglas, Judge. (1) The court erred in overruling the defendant’s demurrer to the evidence, (a) because no negligence was shown on the part of the defendant; (b) because plaintiff’s own testimony showed that he assumed the risk of any dangers connected with the operation of the machine in question; and (c) because plaintiff’s evidence showed that he was guilty of contributory negligence. Ziegenmeyer v. Goetz, L. & 0. Co., 113 Mo. App. 330; Herbert v. Boot & Shoe Co., 90 Mo. App. 305; Nugent v. Milling Co., 131 Mo. 241; Glover v. Bolt…
1Opinion of the CourtBland, P. J.
(after stating the. facts.) — -In the examination of jurors on their -voir dire when counsel for plaintiff asked the following questions of Samuel Polk, one of the panel of jurors, the following occurred:
“By Mr.' Merryman:
“Q. What business are you engaged in? A. Insurance agent.
“Q. What kind of business? A. Life and accident.
“Q. Do you insure against these accidents in factories? A. Yes.
“Q. Are you engaged-in that kind of business? A. No, sir.
“Q. Do you do business with the Travelers Insurance Company?
‘“'Counsel for defendant objected to that question as incompetent and immaterial.
*719“Q. The…
2Cases cited22 opinions
- O'Hare v. Chicago, Madison & Northern RailroadIllinois Supreme Court · 1891
- Chybowski v. Bucyrus Co.Wisconsin Supreme Court · 1906
- Faber v. C. Reiss Coal Co.Wisconsin Supreme Court · 1905
- Anderson v. Union Terminal RailroadSupreme Court of Missouri · 1901
- Foley v. Cudahy Packing Co.Supreme Court of Iowa · 1903
17 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Putnam v. Pacific Monthly Co.Oregon Supreme Court · 1913
- Jackson ex rel. Jackson v. ButlerSupreme Court of Missouri · 1913
- Wilson v. WhiteMissouri Court of Appeals · 1954
- New Ætna Portland Cement Co. v. HattCourt of Appeals for the Sixth Circuit · 1916
- English v. Roberts, Johnson & Rand Shoe Co.Missouri Court of Appeals · 1909
12 more not listed; retrieve them via the Exa API.