Brands v. St. Louis Car Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hoot. O’Neill Ryan, Judge. (1) Tire court erred in refusing to give the peremptory instruction asked by defendant at the close of all the evidence, (a) There was no evidence of any negligence on the part of defendant in connection' with the use of the emery wheel mentioned in the evidence, because the testimony showed that it was the kind of wheel in general and almost universal use at the time of the accident.
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Appeal from St. Louis City Circuit Court. — Hoot. O’Neill Ryan, Judge. (1) Tire court erred in refusing to give the peremptory instruction asked by defendant at the close of all the evidence, (a) There was no evidence of any negligence on the part of defendant in connection' with the use of the emery wheel mentioned in the evidence, because the testimony showed that it was the kind of wheel in general and almost universal use at the time of the accident. This is the conclusive test of the question of negligence. Minnier v. Railroad, 167 Mo. 99; Chrismer v. Tel. Co., 194 Mo. 189; Higgins v.…
1Opinion of the CourtGantt, J.
This is an action for the recovery of damages on account of personal injuries sustained by the plaintiff, at that time, a minor nineteen years old, on the 29th day of May, 1903, by reason of the explosion of an emery wheel while the plaintiff was in the service of the defendant at its factory at 8000 North Broadway in the city of St. Louis.
The petition in substance alleges that the defendant is a corporation by virtue of the laws of this State, and was at the time of the said injury engaged in the manufacturing business; that on the 29th of May, 1903, plaintiff, who was then a minor nineteen…
2Cases cited5 opinions
- Chrismer v. Bell Telephone Co.Supreme Court of Missouri · 1906
- Omaha Bottling Co. v. TheilerNebraska Supreme Court · 1899
- Shadford v. Ann Arbor Street Railway Co.Michigan Supreme Court · 1897
- Demers v. MarshallMassachusetts Supreme Judicial Court · 1901
- Breig v. Chicago & West Michigan Railway Co.Michigan Supreme Court · 1893
3Cited by29 opinions
- Zesch v. the Abrasive Co. of PhiladelphiaSupreme Court of Missouri · 1944
- Coin v. John H. Talge Lounge Co.Supreme Court of Missouri · 1909
- Gaddy v. Skelly Oil Co.Supreme Court of Missouri · 1953
- Reichmuth v. AdlerSupreme Court of Missouri · 1941
- De Francesco v. Piney Mining Co.West Virginia Supreme Court · 1915
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