Roe v. St. Louis Independent Packing Co.
Missouri Court of Appeals
Appeal from the Circuit Court of the City of St. Louis. —Eon. William T. Jones, Judge. (1) Even if plaintiff was a bare licensee on the defendant’s premises, as to whom defendant did not owe the duty to keep its premises in reasonably safe condition, the court should not have non-suited him for the evidence tended to show that defendant actively injured him — led him into a trap by conducting him into a dangerous place and impliedly assuring him that there was no danger and…
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Appeal from the Circuit Court of the City of St. Louis. —Eon. William T. Jones, Judge. (1) Even if plaintiff was a bare licensee on the defendant’s premises, as to whom defendant did not owe the duty to keep its premises in reasonably safe condition, the court should not have non-suited him for the evidence tended to show that defendant actively injured him — led him into a trap by conducting him into a dangerous place and impliedly assuring him that there was no danger and then, knowing he was on the brink of the hot water tank, running a crane right at him in a way calulated to make him…
1Opinion of the CourtBecker, J.
This is an action for damages for personal injuries, brought by plaintiff, a minor, through his next friend, against the defendant packing company, for injuries sustained by falling into a thawing vat containing hot water, in the ice plant of the defendant, at a time when plaintiff, together with a number of other boys forming a class of instruction in the Young Men’s Christian Association of St. Louis, was being taken through the defendant’s plant by the instrueter of his class.
At the close of plaintiff’s case, upon the court indicating that it would give the .jury a peremptory instruction…
2Cases cited4 opinions
- Glaser v. RothschildSupreme Court of Missouri · 1909
- Benson v. Baltimore Traction Co.Court of Appeals of Maryland · 1893
- Kelly v. BenasSupreme Court of Missouri · 1909
- Barry v. Calvary Cemetery Ass'nMissouri Court of Appeals · 1904
3Cited by9 opinions
- Gilliland v. BondurantSupreme Court of Missouri · 1933
- Bollman Ex Rel. Sanderson v. Kark Rendering PlantSupreme Court of Missouri · 1967
- Stephen v. SwiatkowskiAppellate Court of Illinois · 1994
- Gruhalla v. George Moeller Construction Co.Missouri Court of Appeals · 1965
- Wimberly v. Gulf Production Co.Court of Appeals of Texas · 1925
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