Holmes v. Brandenbaugh
Supreme Court of Missouri
Error to Jackson Circuit Court. — Hon. James Gibson, Judge. Tké court rightfully sustained the demurrer to plaintiff’s evidence, and committed' error in setting aside the nonsuit and granting plaintiff a new trial for the following reasons: (1) Before plaintiff can recover in this case, he must not only show that he was injured but that the’ injury was caused by the negligence of the defendant, charged in plaintiff’s petition.
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Error to Jackson Circuit Court. — Hon. James Gibson, Judge. Tké court rightfully sustained the demurrer to plaintiff’s evidence, and committed' error in setting aside the nonsuit and granting plaintiff a new trial for the following reasons: (1) Before plaintiff can recover in this case, he must not only show that he was injured but that the’ injury was caused by the negligence of the defendant, charged in plaintiff’s petition. Hudson v. Railroad, 101 Mo. 34; Rutledge v. Railroad, 123 Mo. 136; Breen v. St. Louis Cooperage Co., 50 Mo. App. 212; Norville v. Railroad, 60 Mo. App. 416; Perse v.…
1Opinion of the CourtMarshall, J.
This is an action for five thous- and dollars damages for personal injuries, received by the plaintiff, while in the employ of the defendant, in-his elevator, in Kansas City.
The plaintiff suffered a nonsuit, which the court afterwards set aside, and from which order the defendant appealed.
The allegations of the petition as to the cause of the injury and the negligence charged are as follows: “That,on November 1, 1899, and at all times hereinafter mentioned, the plaintiff was in the employ of and working for said defendant in and about said Crescent Elevator. That on November 1, 1899, he was…
2Cases cited9 opinions
- Huhn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Blanton v. DolbSupreme Court of Missouri · 1891
- O'Mellia v. Kansas CitySupreme Court of Missouri · 1893
- Hamman v. Central Coal & Coke Co.Supreme Court of Missouri · 1900
- Grattis v. Kansas City, Pittsburg & Gulf RailroadSupreme Court of Missouri · 1900
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Jackson ex rel. Jackson v. ButlerSupreme Court of Missouri · 1913
- Goransson v. Riter-Conley Manufacturing Co.Supreme Court of Missouri · 1905
- Mathis v. Kansas City Stock Yards Co.Supreme Court of Missouri · 1904
- Stafford v. AdamsMissouri Court of Appeals · 1905
- Butz v. Murch Bros. Construction Co.Supreme Court of Missouri · 1906
6 more not listed; retrieve them via the Exa API.