Capehardt v. Murta
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. James E. Withrow, Judge. (1) The plaintiff should have been nonsuited at the close of plaintiff’s case, or the court should have directed a verdict for the defendants at the close of the whole case, because there was no proof whatever of any defect in the hayfork or the rope to which it was attached, or of any negligence in the manner in which they were fastened.
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Appeal from St. Louis City Circuit Court. — Hon. James E. Withrow, Judge. (1) The plaintiff should have been nonsuited at the close of plaintiff’s case, or the court should have directed a verdict for the defendants at the close of the whole case, because there was no proof whatever of any defect in the hayfork or the rope to which it was attached, or of any negligence in the manner in which they were fastened. And plaintiff’s case was not helped ont by the doctrine of res ipsa loquitur, because that rule of evidence has no application in a case of this character between master and servant.…
1Opinion of the CourtNortoni, J.
This- is a suit for damages accrued to plaintiff, under the wrongful death statute, through the negligence of defendants. Plaintiff recovered and defendants prosecute the appeal.
Plaintiff’s husband, Walter Capehardt, came to his death by means of a hayfork falling upon him while in the service of defendants and engaged in the line of his duty in unloading a load of hay. The evidence tends to prove that the two defendants jointly operated a farm in Crawford county, and that plaintiff’s husband was in their employ as a farm hand at the time of his injury and death. It is argued that, while the…
2Cases cited2 opinions
- Gibler v. Quincy, Omaha & Kansas City RailroadMissouri Court of Appeals · 1910
- Cooper v. Century Realty Co.Supreme Court of Missouri · 1909
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- Dibert v. GiebischOregon Supreme Court · 1914
- Kees v. Canada Dry Ginger AleMissouri Court of Appeals · 1949
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