Latapie-Vignaux v. Askew Saddlery Co.
Supreme Court of Missouri
Appeal from. Jackson Circuit Court. — No». James Gibson, Judge. (1) Plaintiff, in Ms testimony, swore and claimed that at the time he was injured he was in the act of using the elevator, which was, therefore, if plaintiff’s story he accepted, in actual use at the time of the alleged accident, and defendant was not, therefore, guilty of any negligence with respect, thereto at the time and in the manner claimed hy plaintiff, and he cannot recover in this action.
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Appeal from. Jackson Circuit Court. — No». James Gibson, Judge. (1) Plaintiff, in Ms testimony, swore and claimed that at the time he was injured he was in the act of using the elevator, which was, therefore, if plaintiff’s story he accepted, in actual use at the time of the alleged accident, and defendant was not, therefore, guilty of any negligence with respect, thereto at the time and in the manner claimed hy plaintiff, and he cannot recover in this action. Secs. 6435, 6450, R. S. 1899; Malloy v. Real Estate Ass’n, 156 N. Y. 205; Poindexter v. Paper Co., 84 Mo. App. 352; Connell v. Tel.…
1Opinion of the CourtMarshall, J.
— This is an action for $35,000 ■damages for personal injuries received by the plaintiff on the 16th of July, 1901, by falling into an elevator shaft on the premises of the defendant, on Third and Delaware streets in Kansas City, Missouri. There was a verdict and judgment for the plaintiff for $7,500, and after proper steps the defendant appealed.
The Issues. The petition alleges that the defendant is a domestic corporation, owning and operating a manufacturing, mechanical and mercantile plant; that plaintiff, at the time of the accident, was in the employ of the defendant, as a common…
2Cases cited3 opinions
- Wendler v. People's House Furnishing Co.Supreme Court of Missouri · 1901
- Lore v. American Manufacturing Co.Supreme Court of Missouri · 1901
- Hogan v. Citizens' Railway Co.Supreme Court of Missouri · 1899
3Cited by12 opinions
- Chandler v. Chicago & Alton RailroadSupreme Court of Missouri · 1913
- Cytron v. St. Louis Transit Co.Supreme Court of Missouri · 1907
- Cech v. Mallinckrodt Chemical Co.Supreme Court of Missouri · 1929
- Stein v. Battenfield Oil & Grease Co.Supreme Court of Missouri · 1931
- Nance v. KearbeySupreme Court of Missouri · 1913
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