Loehring v. Westlake Construction Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court.' — Hon. W conoide Hough, Judge. (1) The court erred in instructing the jury in behalf of the defendant, Westlake Construction Company, at the close of plaintiff’s case, that under the pleadings and the evidence the plaintiff could not recover.
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Appeal from St. Louis City Circuit Court.' — Hon. W conoide Hough, Judge. (1) The court erred in instructing the jury in behalf of the defendant, Westlake Construction Company, at the close of plaintiff’s case, that under the pleadings and the evidence the plaintiff could not recover. (a) Plaintiff was on the premises as an employee of the subcontractor, and was engaged in doing work in -which the defendant, Westlake Construction Company had an interest, and which work the interest of said company made it necessary to be done, and said defendant owed plaintiff a duty arising out of the…
1Opinion of the Court
NORTON!, J.
(after stating the facts). — 1. In view of the fact that the relation of the appellant to the two respondents is not identical, it will be both convenient and necessary to treat of the liability of either separately, inasmuch as different principles pertinent to these different and distinct relations obtain, and therefore we will first consider the case with respect to the Westlake Construction Company, the general contractor, who had erected and controlled the scaffold of which the cap or plate causing plaintiff’s injury, was parcel. In this connection, it is proper to first lay…
2Cases cited16 opinions
- Devlin v. . SmithNew York Court of Appeals · 1882
- American Brewing Ass'n v. TalbotSupreme Court of Missouri · 1897
- Bright v. Barnett & Record Co.Wisconsin Supreme Court · 1894
- Moon v. Northern Pacific RailroadSupreme Court of Minnesota · 1891
- Young v. Waters-Pierce Oil Co.Supreme Court of Missouri · 1905
11 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Lisle v. AndersonSupreme Court of Oklahoma · 1916
- Miller v. Brunson Const. Co.Supreme Court of Missouri · 1952
- Deiner v. SutermeisterSupreme Court of Missouri · 1915
- Polovich v. SayersSupreme Court of Missouri · 1967
- Dey v. United Railways Co.Missouri Court of Appeals · 1909
20 more not listed; retrieve them via the Exa API.