Legal Opinion

Daniels v. Goeke

Missouri Court of Appeals

Decided May 4, 1915PublishedCited by 5 opinions

Appeal from St. Louis City Circuit Court — How. Thomas G. Hennings, Judge. (1) The court erred in admitting over the defendants’ objection plaintiff’s exhibit B, a drawing made from a photograph not offered in evidence. It was not shown when the photograph was taken or when the drawing was made, nor was any one able to state that the drawing was an accurate picture of the coupling and set screws.

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Appeal from St. Louis City Circuit Court — How. Thomas G. Hennings, Judge. (1) The court erred in admitting over the defendants’ objection plaintiff’s exhibit B, a drawing made from a photograph not offered in evidence. It was not shown when the photograph was taken or when the drawing was made, nor was any one able to state that the drawing was an accurate picture of the coupling and set screws. (2) The court erred in admitting over the objection of the defendants the alleged conversation between the witness Thomas J. Schueddig and the defendants’ former superintendent Heitzman. Heitzman…

1Opinion of the CourtReynolds, P. J.

At the time of the accident here involved, defendants, partners, owned and operated a mill for grinding grain of various kinds, manufacturing it into feed. Daniels, the husband of plaintiff, was night foreman. On the night of September 29, 1911, Daniels discovered that a belt had slipped from its pulley and he climbed over a shafting for the purpose of adjusting the belt, the machinery in operation and the shaft, pulley and belting moving’ at the time. ITe was accompanied by a laborer who carried a lighted lantern. This shafting was near the south wall of the building, about eighteen inches…

2Cases cited11 opinions

  1. Huss v. Heydt Bakery Co.Supreme Court of Missouri · 1908
  2. Carroll v. United Railways Co.Missouri Court of Appeals · 1911
  3. Simpson v. Witte Iron Works Co.Supreme Court of Missouri · 1913
  4. Nicholds v. Crystal Plate Glass Co.Supreme Court of Missouri · 1894
  5. Hutchinson v. Richmond Safety Gate Co.Supreme Court of Missouri · 1912

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

3Cited by5 opinions

  1. Chemical Workers Basic Union Local No. 1744 v. Arnold Savings BankSupreme Court of Missouri · 1966
  2. Brandt v. CsakiMissouri Court of Appeals · 1996
  3. Willadsen v. Blue Valley Creamery Co.Court of Appeals of Kansas · 1919
  4. Temple v. Samuel Cupples Envelope Co.Supreme Court of Missouri · 1927
  5. Chemical Workers Basic Union Local No. 1744 v. Arnold Savings BankSupreme Court of Missouri · 1966

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