Legal Opinion

Baldwin v. Hanley & Kinsella Coffee Co.

Missouri Court of Appeals

Decided December 2, 1919PublishedCited by 8 opinions

Appeal from the Circuit Court of the City of St. Louis. —Hon. William T. Jones, Judge, (1) The rule in Missouri is that where plaintiff has, by a negligent act on his part, directly contributed to his own injury, he may not recover, regardless of how his carelessness compares with the other contributing causes of the injury. Newton v. Wabash Railroad Company, 152 Mo. App. 67; Burnett v. Railroad Company, 172 Mo.

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Appeal from the Circuit Court of the City of St. Louis. —Hon. William T. Jones, Judge, (1) The rule in Missouri is that where plaintiff has, by a negligent act on his part, directly contributed to his own injury, he may not recover, regardless of how his carelessness compares with the other contributing causes of the injury. Newton v. Wabash Railroad Company, 152 Mo. App. 67; Burnett v. Railroad Company, 172 Mo. App. 51; Schmidt v.- St. Louis Railroad Company, 149 Mo. 287; Rogers v. Packing Company, 185 Mo. App. 99; Bathe v. Stave Company, 199'Mo. App. 127; Neal v. Gillett, 23 Conn. 443. (2)…

1Opinion of the CourtAllen, J.

This is an action for personal injuries sustained by plaintiff while in the employ of the defendant corporation as its servant. The trial below resulted in a verdict and judgment for plaintiff in the sum of $5000, and the defendant prosecutes the appeal.

At the time of plaintiff’s injury defendant conducted its business in a building situated on the north side of Spruce street in the City of St. Louis, facing to the south. The ground floor of this building contained a “general office,” to which-the main entrance to the building led. In the rear was an “L” shaped “elevator room,” separated from…

2Cases cited6 opinions

  1. Dean v. Wabash RailroadSupreme Court of Missouri · 1910
  2. H. Channon Co. v. HahnIllinois Supreme Court · 1901
  3. Purcell v. Tennent Shoe Co.Supreme Court of Missouri · 1905
  4. Beckermann v. E. H. Kortkamp Jewelry Co.Missouri Court of Appeals · 1913
  5. Yost v. Atlas Portland Cement Co.Missouri Court of Appeals · 1915

1 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. McIntyre v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1921
  2. Senseney v. Landay Real Estate Co.Supreme Court of Missouri · 1939
  3. Cox v. BondurantMissouri Court of Appeals · 1925
  4. State Ex Rel. Cox v. TrimbleSupreme Court of Missouri · 1926
  5. Chambers v. HinesMissouri Court of Appeals · 1921

3 more not listed; retrieve them via the Exa API.

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