Bonanomi v. Purcell
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Moses Hartmann, Judge. The trial court did not err in granting plaintiff a new trial -and setting aside the involuntary nonsuit as to defendant William Purcell. The plaintiff was not guilty of contributory negligence as a matter of law. That question was for the jury. Grote v. Hussmann, 223 S. W. 131; Noack v. Williams, 175 Mich. 15; Barfoot v. White Star Line, 170 Mich. 349; Colorado Inv.
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Appeal from St. Louis City Circuit Court. — Hon. Moses Hartmann, Judge. The trial court did not err in granting plaintiff a new trial -and setting aside the involuntary nonsuit as to defendant William Purcell. The plaintiff was not guilty of contributory negligence as a matter of law. That question was for the jury. Grote v. Hussmann, 223 S. W. 131; Noack v. Williams, 175 Mich. 15; Barfoot v. White Star Line, 170 Mich. 349; Colorado Inv. Co. v. Reeves, 21 Colo. 435; Dawson y. Sloan, 17 Jones & S. (N. Y. Sup. Ct.) 304, 100 N. Y. 620; Wright v. Perry, 188 Mass. 268; Graney v. St. Louis, 141 Mo.…
1Opinion of the Court
This is a suit against appellant Purcell as tenant and occupant, and his co-defendant Gregg as owner, of a building in the City of St. Louis, for personal injuries sustained by plaintiff in falling into an elevator shaft in said building. The petition charged that while the plaintiff was in the basement of the building for and engaged in the transaction of business with the tenant, he stepped into an open and unguarded elevator shaft and fell about twelve feet, receiving serious and permanent injuries. The petition contains five assignments of negligence, three of which were based upon…
2Cases cited2 opinions
- Wheeler v. WallMissouri Court of Appeals · 1911
- Grote v. HussmannMissouri Court of Appeals · 1920
3Cited by16 opinions
- Stith v. J. J. Newberry Co.Supreme Court of Missouri · 1935
- Pence v. Kansas City Laundry Service Co.Supreme Court of Missouri · 1933
- Cech v. Mallinckrodt Chemical Co.Supreme Court of Missouri · 1929
- O'Dell v. DeanSupreme Court of Missouri · 1947
- Happy v. WalzSupreme Court of Missouri · 1948
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