State ex rel. Pelligreen Construction Co. v. Reynolds
Supreme Court of Missouri
Certiorari. (1) The assignments of error in relator’s motion for new trial were sufficient. Wampler v. Railway Company, 269 Mo. 464; Stid v. Railway Company, 236 Mo. 397; Collier v. Lead Company, 208 Mo. 256. It has been so held in criminal cases under a more exacting statute. State v. Noland, 111 Mo. 492. (2) The petition does not state a cause of action under the res ipsa loquitur doctrine.
Read the full summary
Certiorari. (1) The assignments of error in relator’s motion for new trial were sufficient. Wampler v. Railway Company, 269 Mo. 464; Stid v. Railway Company, 236 Mo. 397; Collier v. Lead Company, 208 Mo. 256. It has been so held in criminal cases under a more exacting statute. State v. Noland, 111 Mo. 492. (2) The petition does not state a cause of action under the res ipsa loquitur doctrine. McGrath v. Transit Co., 197 Mo. 97. The petition showed a case of master and servant, did not allege any failure of defendant to use ordinary care to furnish plaintiff a reasonably safe place to work,…
1Opinion of the Court
BLAIR, P. J
Certiorari. The record brought here for review is that of the St. Louis Court of Appeals in Seitz v. Pelligreen Construction & Investment Company, 199 Mo. App. 388.
Assignment.
I. The ruling that the grounds of the motion for new trial respecting the giving and refusing of instructions were too general to authorize a review of such instructions is in conflict with the decisi°ns of this court. State ex rel. United Railways Co. v. Reynolds et al., 278 Mo. 554, is in point and controlling.
General ^Negligence,
II. “The petition alleges that defendant was in charge and in exclusive control…
2Cases cited7 opinions
- McGrath v. St. Louis Transit Co.Supreme Court of Missouri · 1906
- Bailey v. Kansas CitySupreme Court of Missouri · 1905
- Keene v. WyattSupreme Court of Missouri · 1901
- State ex rel. United Railways Co. v. ReynoldsSupreme Court of Missouri · 1919
- Smith v. Forrester-Nace Box Co.Supreme Court of Missouri · 1906
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- State Ex Rel. American Packing Co. v. ReynoldsSupreme Court of Missouri · 1921
- Illinois Central Railroad v. McGuire's AdministratorCourt of Appeals of Kentucky (pre-1976) · 1931
- State Ex Rel. St. Louis Basket & Box Co. v. ReynoldsSupreme Court of Missouri · 1920
- Woodward v. Missouri Pacific RailroadSupreme Court of Missouri · 1927
- Graham v. ThompsonSupreme Court of Missouri · 1948