Chrismer v. Bell Telephone Co.
Supreme Court of Missouri
Appeal from Franklin Circuit Court. — Ho». John W. McElhinney, Judge. The court erred in refusing to give the peremptory instruction offered by the defendant at the close of all the evidence. There were five distinct allegations of negligence made by plaintiffs in their petition, but there was no evidence to sustain any of them. Minnier v. Railroad, 167 Mo. 99; Hogan v. Railroad, 150 Mo. 36; Berring v. Medart, 56 Mo.
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Appeal from Franklin Circuit Court. — Ho». John W. McElhinney, Judge. The court erred in refusing to give the peremptory instruction offered by the defendant at the close of all the evidence. There were five distinct allegations of negligence made by plaintiffs in their petition, but there was no evidence to sustain any of them. Minnier v. Railroad, 167 Mo. 99; Hogan v. Railroad, 150 Mo. 36; Berring v. Medart, 56 Mo. App. 443; Smith v. Railroad, 69 Mo. 32. (1) It is the duty of the master to furnish to- the servant a reasonably safe place and reasonably safe machinery and appliances in which,…
1Opinion of the CourtLamm, J.
This action was brought by the three minor children of Edward L. Ohrismer, for the death of said Edward by the alleged negligence of defendant corporation. The trial resulted in a judgment in their favor for $3,200, signed by ten out of twelve jurors, and defendant appealed to this court on assignments of error, one of which challenges the constitutionality of the law permitting less than twelve jurors to render a verdict. As such constitutional question, since Gabbert v. Railroad, 171 Mo. 84, decided December 24th, 1902, is no longer considered an open one, it is not deserving of, and…
2Cases cited4 opinions
- Gabbert v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1902
- Blundell v. Wm. A. Miller Elevator Manufacturing Co.Supreme Court of Missouri · 1905
- Fugler v. BotheSupreme Court of Missouri · 1893
- Holloran v. Union Iron & Foundry Co.Supreme Court of Missouri · 1896
3Cited by28 opinions
- Zesch v. the Abrasive Co. of PhiladelphiaSupreme Court of Missouri · 1944
- Coin v. John H. Talge Lounge Co.Supreme Court of Missouri · 1909
- Toeneboehn v. St. Louis-San Francisco Railway Co.Supreme Court of Missouri · 1927
- Rice v. Provident Life & Accident InsuranceMissouri Court of Appeals · 1937
- Brands v. St. Louis Car Co.Supreme Court of Missouri · 1908
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