Herbert v. Wiggins Ferry Co.
Missouri Court of Appeals
Appeal from St. Charles Circuit Court. — Hon. R. D. Rodgers, Judge. Action for personal injuries. Appeal from order sustaining motion to set aside verdict in plaintiff’s favor and grant new trial. There was evidence to support the verdict; this was conceded by the trial judge, as the verdict was not disturbed on this ground.
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Appeal from St. Charles Circuit Court. — Hon. R. D. Rodgers, Judge. Action for personal injuries. Appeal from order sustaining motion to set aside verdict in plaintiff’s favor and grant new trial. There was evidence to support the verdict; this was conceded by the trial judge, as the verdict was not disturbed on this ground. “When the details of the construction of an appliance and its inspection are before the jury, so that the case does not stand alone on the fact that the bridge fell and the servant was injured,” the principle that the mere fact that the appliance proves defective makes…
1Opinion of the CourtBland, P. J.
(after stating the facts). — 1. Defendant insists that its instruction, in the nature of a demurrer to the evidence, at the close of all the evidence should have been sustained. The evidence shows that Herbert, Zeller, Schlichtig and Wagner were all ship carpenters of from twenty-five to thirty years experience and that all of them'had worked for the defendant for a number of years and were familiar with its shipyard, knew what material was on hand and available for erecting the scaffold, knew that there was on hand, from which they could have made a selection, an abundant supply of good and…
2Cases cited16 opinions
- Armour v. HahnSupreme Court of the United States · 1884
- Bowen v. Chicago, Burlington & Kansas City Railway Co.Supreme Court of Missouri · 1888
- Killea v. FaxonMassachusetts Supreme Judicial Court · 1878
- Kelley v. NorcrossMassachusetts Supreme Judicial Court · 1877
- Peschel v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1885
11 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Combs v. Rountree Construction Co.Supreme Court of Missouri · 1907
- Barnsdall Oil Co. v. OhlerSupreme Court of Oklahoma · 1915
- White v. Montgomery Ward & Co.Missouri Court of Appeals · 1915
- Henson v. Pascola Stave Co.Missouri Court of Appeals · 1910
- Reeder v. Crystal Carbonate Lime Co.Missouri Court of Appeals · 1908
1 more not listed; retrieve them via the Exa API.