Wease v. Fayette R. Plumb Tool Co.
Missouri Court of Appeals
Appeal from St. Louis County Circuit Court. — Eon. G. A. Wurdemon, Judge. (1) Plaintiff’s main instruction assumes disputed facts, is inconsistent and is palpably erroneous. The assumption of facts in the case at bar is much more marked and harmful than the assumption made in the following cases which were reversed because the instruction assumed disputed facts. G-aney v. Kansas City, 168 S. W. 19'6; Burroughs v. Likes, 166 S. W. 643; Neas v. Eailroad, 138 Mo.
Read the full summary
Appeal from St. Louis County Circuit Court. — Eon. G. A. Wurdemon, Judge. (1) Plaintiff’s main instruction assumes disputed facts, is inconsistent and is palpably erroneous. The assumption of facts in the case at bar is much more marked and harmful than the assumption made in the following cases which were reversed because the instruction assumed disputed facts. G-aney v. Kansas City, 168 S. W. 19'6; Burroughs v. Likes, 166 S. W. 643; Neas v. Eailroad, 138 Mo. App. 485; Wilson v. St. Joe, 1391 Mo. App. 557; Linn v. Bridge Co., 78 Mo. App. Ill; Proctor v. Sutherland, 162 Mo. App. 641; Clark v.…
1Opinion of the CourtNoetoni, J.
This is a suit for damages on account of personal injuries received through the alleged negligence • of defendant. ■ Plaintiff recovered and defendant prosecutes the appeal.
It appears plaintiff, a minor about eighteen years of age, was in the employ of defendant at the time of his injury. Defendant is engaged in the manufacture of tools, such as hatchets, axes, etc. Plaintiff received his injury while dressing an emery wheel in defendant’s factory. The dresser which plain*718tiff held in his hand while the emery wheel revolved at high speed became canght by a bnmp on the emery wheel, because, it…
2Cases cited2 opinions
- Ganey v. Kansas CitySupreme Court of Missouri · 1914
- Linn v. Massillon Bridge Co.Missouri Court of Appeals · 1899