Zellars v. Missouri Water & Light Co.
Missouri Court of Appeals
Appeal from Carroll Circuit Court. — Hon. Jno. P. Butler, Judge. (1) Tbe negligence charged in the petition was not proven, and no negligence of the defendant was shown; therefore, the demurrers to the evidence as to each count of the petition should have been sustained, and the peremptory instructions offered by the defendant, at the close of all of the evidence, should have been given.
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Appeal from Carroll Circuit Court. — Hon. Jno. P. Butler, Judge. (1) Tbe negligence charged in the petition was not proven, and no negligence of the defendant was shown; therefore, the demurrers to the evidence as to each count of the petition should have been sustained, and the peremptory instructions offered by the defendant, at the close of all of the evidence, should have been given. (2) This court has recently stated the rule as to when the trial court should sustain a demurrer to tbe evidence. Hamman v. Central Coal & Coke Company, 156 Mo. 243; Bucldey v. Kansas City, 156 Mo. 20;…
1Opinion of the CourtSmith, P. J.
This is an action by plaintiff to recover damages for personal injuries occasioned by the negligence of the defendant. The defendant, a corporation organized under the laws of this State, was the owner and engaged in operating an electric and water plant at the city of Carrollton.' About five months previous to the thirteenth day of Eebruary, 1898, the plaintiff had been employed by defendant at its electric and water plant, by which employment it was made his duty to act as fireman and to repair and assist in repairing and keeping in order the boilers, pumps and other machinery in use at…
2Cases cited32 opinions
- Nagel v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1882
- Gibson v. Pacific RailroadSupreme Court of Missouri · 1870
- Dayharsh v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1890
- Moore v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1885
- O'Mellia v. Kansas CitySupreme Court of Missouri · 1893
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3Cited by25 opinions
- State Ex Rel. Badami v. GaertnerMissouri Court of Appeals · 1982
- Bender v. Kroger Grocery & Baking Co.Supreme Court of Missouri · 1925
- Conner v. OgletreeSupreme Court of Missouri · 2018
- Haas v. St. Louis & Suburban Railway Co.Missouri Court of Appeals · 1905
- White v. Montgomery Ward & Co.Missouri Court of Appeals · 1915
20 more not listed; retrieve them via the Exa API.