Martin v. Maxwell-Brisco Motor Vehicle Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — -Hon. W. B. Homer, Judge. (1) Plaintiff was defendant’s guest, an invitee, for the purpose of riding around in its machine and witnessing its operation. When he undertook to operate it or “crank it,” he became a naked licensee, to whom defendant was liable only for willful or wanton injury. Shaw v. Goldman, 116 Mo.
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Appeal from St. Louis City Circuit Court. — -Hon. W. B. Homer, Judge. (1) Plaintiff was defendant’s guest, an invitee, for the purpose of riding around in its machine and witnessing its operation. When he undertook to operate it or “crank it,” he became a naked licensee, to whom defendant was liable only for willful or wanton injury. Shaw v. Goldman, 116 Mo. App. 332. (2) Where a person volunteers to assist a servant of another, without being employed so to do by that other, he is deemed to assume all the ordinary risks incident to the situation, his position being that of a volunteer, and…
1Opinion of the CourtNortoni, J.
This is a suit for damages accrued to plaintiff on account of personal injuries inflicted through defendant’s negligence. Plaintiff recovered and defendant prosecutes the appeal.
*191But one question is presented for consideration, and that relates to the duty, if any, which the law devolves upon defendant for the benefit of plaintiff, its customer, to the end of protecting him from injuries arising from dangers unknown to plaintiff and known by defendant to inhere in the machine under demonstration. Plaintiff is a practicing physician in the city of St. Louis and defendant is a corporation…
2Cases cited4 opinions
- Glaser v. RothschildSupreme Court of Missouri · 1909
- Welch v. McAllisterMissouri Court of Appeals · 1884
- Houck v. Chicago & Alton Railway Co.Missouri Court of Appeals · 1906
- Clack v. Southern Electrical Supply Co.Missouri Court of Appeals · 1897
3Cited by7 opinions
- Orr v. Shell Oil Co.Supreme Court of Missouri · 1943
- Kennedy v. PhillipsSupreme Court of Missouri · 1928
- Riley v. Berkeley Motors Inc.California Court of Appeal · 1934
- Swindler v. Butler Manufacturing CompanySupreme Court of Missouri · 1968
- Allis Chalmers Manufacturing Company, a Corporation v. Marvin WichmanCourt of Appeals for the Eighth Circuit · 1955
2 more not listed; retrieve them via the Exa API.