Johnson v. Metropolitan Street Railway Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Ho», Andrew F. Evans, Judge. (1) The court erred in admitting any evidence under the pleadings. The petition does not state facts sufficient to constitute a cause of action against the defendant. Ency.
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Appeal from Jackson Circuit Court. — Ho», Andrew F. Evans, Judge. (1) The court erred in admitting any evidence under the pleadings. The petition does not state facts sufficient to constitute a cause of action against the defendant. Ency. Pleading and Practice, vol. 13, p. 907; Waldhier v. Railway, 71 Mo. 516. (2) The court erred in refusing to sustain the demurrer to the evidence offered by the defendant, and in refusing to give the peremptory instruction asked by the defendant at the conclusion of the whole case. There is no evidence of •any negligence in this record whatever. Perse v.…
1Opinion of the CourtEllison, J.
This is an action for personal injury received by plaintiff who was an employee of defendant. The judgment in the trial court was for plaintiff.
*591The defendant had carpenters employed in the story next above the ground floor of its power-house taking up and relaying floors. Plaintiff, a negro man, was engaged with his horse and cart in hauling out the “trash” made by the carpenters. It appears that the carpenters used, among other implements, a heavy iron bar called a “crowbar” with which they prized up the old floor. This bar fell from the floor above and struck plaintiff “on the head and…
2Cases cited10 opinions
- Mullen v. . St. JohnNew York Court of Appeals · 1874
- Waldhier v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1880
- Schneider v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1882
- Goodwin v. Chicago, Rock Island & Pacific RailroadSupreme Court of Missouri · 1881
- Sams v. St. Louis & Meramec River RailroadSupreme Court of Missouri · 1903
5 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Johnson v. United StatesSupreme Court of the United States · 1948
- Adams v. University HospitalMissouri Court of Appeals · 1907
- Klebe v. Parker Distilling Co.Supreme Court of Missouri · 1907
- Wyldes ex rel. McLaughlin v. PattersonNorth Dakota Supreme Court · 1915
- O'Keefe v. United Railways Co.Missouri Court of Appeals · 1907
11 more not listed; retrieve them via the Exa API.