Huss v. Heydt Bakery Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Jas. B. Kinealy, Judge. (1) The court erred in giving instruction 1 for defendant, for the reason that the instruction has absolutely no evidence to warrant it, and is against the uncontradicted physical facts.
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Appeal from St. Louis City Circuit Court. — Hon. Jas. B. Kinealy, Judge. (1) The court erred in giving instruction 1 for defendant, for the reason that the instruction has absolutely no evidence to warrant it, and is against the uncontradicted physical facts. State v. Turlington, 102 Mo. 663; State v. Anderson, 89 Mo. 332; State v. Bryant, 102 Mo. 32. (2) The court erred in giving instruction 3 for defendant, for the reasons: (a) it is not the law; (b) it completely ignores section 6433, Revised Statutes 1899, upon which the case is bottomed; (c) it assumes the failure of plaintiff to fulfill…
1Opinion of the Court
IN BANC.
Phn Curiam:: —
The following-opinion by Craves, J., in Division No. One, is adopted as the opinion of this court. In this Gantt, C. J., Burgess, Valliant and Lamm, JJ., concur; Fox, J., concurs in the result; Woodson, J., dissents in separate opinion.
*48IN DIVISION ONE'.
GRAVES, J. — Action in the circuit court of the city of St. Louis for personal injuries. Defendant is a domestic corporation engaged in the bakery business wherein it has a certain machine called a dough-mixer. Plaintiff was the person who operated said machine. The pertinent portions of the petition are:
“Plaintiff further…
2Cases cited6 opinions
- Wendler v. People's House Furnishing Co.Supreme Court of Missouri · 1901
- Reynolds v. HindmanSupreme Court of Iowa · 1871
- State v. MilesSupreme Court of Missouri · 1906
- Chicago & Northwestern Railroad v. WardIllinois Supreme Court · 1871
- Musick v. Jacob Dold Packing Co.Missouri Court of Appeals · 1894
1 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- West v. St. Louis Public Service Co.Supreme Court of Missouri · 1951
- Mendenhall v. NeyerSupreme Court of Missouri · 1941
- Larey v. Missouri-Kansas-Texas RailroadSupreme Court of Missouri · 1933
- Stein v. Battenfield Oil & Grease Co.Supreme Court of Missouri · 1931
- Fulwider v. Trenton Gas, Light & Power Co.Supreme Court of Missouri · 1909
32 more not listed; retrieve them via the Exa API.