Kiser v. Suppe
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Hon. Howard Gray, Judge. (1) As has been recently said by this court: On demurrer by defendant to the evidence the facts most favorable to plaintiff will be accepted as the facts in the case supported by substantial evidence. Fassbinder v. Railroad, 104 g. W. 1154; Berry v. Railroad, 124 Mo. 245; Montgomery v. Railroad, 181 Mo. 504; Holloway v. Kansas City, 184 M'o. 29; Moore v. Transit Co., 95 Mo.
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Appeal from Jasper Circuit Court. — Hon. Howard Gray, Judge. (1) As has been recently said by this court: On demurrer by defendant to the evidence the facts most favorable to plaintiff will be accepted as the facts in the case supported by substantial evidence. Fassbinder v. Railroad, 104 g. W. 1154; Berry v. Railroad, 124 Mo. 245; Montgomery v. Railroad, 181 Mo. 504; Holloway v. Kansas City, 184 M'o. 29; Moore v. Transit Co., 95 Mo. App. 728. (2) guppe was contractor, Johnson was an independent contractor; and plaintiff was a subcontractee of Johnson, the independent contractor; plaintiff as…
1Opinion of the CourtJohnson, J.
Action for damages resulting from personal injuries alleged to have been caused by the negligence of defendants who are sued as partners. Plaintiff had judgment against all of the defendants for six hundred and fifty dollars, and defendants appealed.
At the time of the injury, September 22, 1906, plaintiff was working as a miner in sinking a shaft on mining property owned by defendants in Jasper county. He was at the time in a shaft which was over one hundred feet deep, when a wire cable, used in hoisting, broke under the strain of the load being hoisted, thereby permitting the loaded tub to…
2Cases cited5 opinions
- Roddy v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Johnson v. City of BostonMassachusetts Supreme Judicial Court · 1875
- Fink v. Missouri Furnace Co.Missouri Court of Appeals · 1881
- Central Coal & Iron Co. v. Grider's Admr.Court of Appeals of Kentucky · 1903
- Fassbinder v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1907
3Cited by10 opinions
- Mallory v. Louisiana Pure Ice & Supply Co.Supreme Court of Missouri · 1928
- Minneapolis Iron Store Co. v. BranumNorth Dakota Supreme Court · 1917
- Lawson v. LawsonMissouri Court of Appeals · 1967
- Central of Georgia Railway Co. v. LawleyCourt of Appeals of Georgia · 1925
- Pearson v. Arlington Dock Co.Washington Supreme Court · 1920
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