Schiller v. Kansas City Breweries Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court.—Hon. Hermann Brumbaclc, Judge. (1) The court erred in overruling the demurrer to the evidence and in refusing to instruct the jury by mandatory instruction to find for the defendant because (1) the jury was caused by the negligence of the deceased and his co-servants; (2) because the deceased assumed the risk, and (3) because the defendant was not guilty, of negligence.
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Appeal from Jackson Circuit Court.—Hon. Hermann Brumbaclc, Judge. (1) The court erred in overruling the demurrer to the evidence and in refusing to instruct the jury by mandatory instruction to find for the defendant because (1) the jury was caused by the negligence of the deceased and his co-servants; (2) because the deceased assumed the risk, and (3) because the defendant was not guilty, of negligence. (1) The injuries were caused by the' negligence of the deceased and his co-servants. (2) The danger was open and obvious, and deceased assumed the risk. Pollman v. Car & Foundry Co., 123 Mo.…
1Opinion of the CourtJohnson, J.
This suit is prosecuted by plaintiff to recover damages for the death of her husband which, she alleges, was caused by the negligence of defendant. In addition to a general denial the answer pleads assumed risk and contributory negligence as affirmative defenses. The appeal was taken by defendant from a judgment of $7500 recovered by plaintiff in the circuit court.
The death of Otto Schiller, the husband of plaintiff, occurred December 9, 1909, at the brewery of defendant in Kansas City where he was employed as a bottler and truckman and had been so employed three years or more. There was a…
2Cases cited8 opinions
- Jewell v. Kansas City Bolt & Nut Co.Supreme Court of Missouri · 1910
- George v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1910
- Mann v. DoerrSupreme Court of Missouri · 1909
- Mathis v. Kansas City Stock Yards Co.Supreme Court of Missouri · 1904
- Brunke v. Missouri & Kansas Telephone Co.Missouri Court of Appeals · 1905
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Rogers v. Tegarden Packing Co.Missouri Court of Appeals · 1914
- Magnolia Paper Co. v. DuffyCourt of Appeals of Texas · 1915
- Erwin v. Missouri & Kansas Telephone Co.Missouri Court of Appeals · 1913
- Aeby v. Missouri Pacific RailroadSupreme Court of Missouri · 1926
- Kilmer v. Connecticut Zinc Corp.Missouri Court of Appeals · 1921
2 more not listed; retrieve them via the Exa API.