Strother v. Kansas City Milling Co.
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. Edward E. Porterfield, Judge. (1) Instruction number 2, given at request of appellant, was properly given. There was no evidence in the case tending to prove tbe converse. Sotebier v. Transit Co., 203 Mo. 721; Canaday v. United Railways Co., 130 Mo. App. 289; Peck v. Traction Co., 131 Mo. App. 141. Evidence having been admitted as to the fact it was proper for the court to limit its effect by instruction.
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Appeal from Jackson Circuit Court. — Hon. Edward E. Porterfield, Judge. (1) Instruction number 2, given at request of appellant, was properly given. There was no evidence in the case tending to prove tbe converse. Sotebier v. Transit Co., 203 Mo. 721; Canaday v. United Railways Co., 130 Mo. App. 289; Peck v. Traction Co., 131 Mo. App. 141. Evidence having been admitted as to the fact it was proper for the court to limit its effect by instruction. (2) Instruction number 4, given at appellant’s request, was properly given. It isi horn-book law that the master has the right to choose the method…
1Opinion of the CourtLamm, J.
In a case sounding in tort in the Jackson Circuit Court, wherein the damages were laid at $15,000, the jury found for defendant. Thereat, on motion, the court ordered the verdict set aside, granting a new trial on the ground of error in defendant’s given instructions. Thereat defendant, a corporation, appealed from such order. Plaintiff dying pending-appeal, Strother, administrator, is substituted. For convenience we continue to use “plaintiff.”
Defendant owned a flouring mill in Kansas City of a capacity of six hundred barrels daily. In this mill were devices known as bleachers, agitators,…
2Cases cited6 opinions
- Curtis v. McNairSupreme Court of Missouri · 1903
- Russ v. Wabash Western Railway Co.Supreme Court of Missouri · 1892
- Hutchinson v. Richmond Safety Gate Co.Supreme Court of Missouri · 1912
- McIntyre v. TebbettsSupreme Court of Missouri · 1914
- Bien v. St. Louis Transit Co.Missouri Court of Appeals · 1904
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Lake Superior Loader Co. v. Huttig Lead & Zinc Co.Supreme Court of Missouri · 1924
- Johnson v. Ambursen Hydraulic Construction Co.Missouri Court of Appeals · 1915
- Stephens v. St. Louis Public Service CompanySupreme Court of Missouri · 1955
- Townsend v. SchadenSupreme Court of Missouri · 1918
- State Ex Rel. Duvall v. EllisonSupreme Court of Missouri · 1920
9 more not listed; retrieve them via the Exa API.