Hutchinson v. Reliance Realty Co.
Missouri Court of Appeals
Appeal from St. Louis Circuit Court. — Hon. J. W. Booth, Judge. STATEMENT OE THE CASE. The defendant corporation owned and used the Carleton Building on the northeast corner of Olive and Sixth streets in the city of St. Louis when the accident to plaintiff happened. She fell down the elevator shaft therein from the seventh floor to the third or lower, and was marvelously saved by lighting astride of the loop of the rope, from whence she was rescued.
Read the full summary
Appeal from St. Louis Circuit Court. — Hon. J. W. Booth, Judge. STATEMENT OE THE CASE. The defendant corporation owned and used the Carleton Building on the northeast corner of Olive and Sixth streets in the city of St. Louis when the accident to plaintiff happened. She fell down the elevator shaft therein from the seventh floor to the third or lower, and was marvelously saved by lighting astride of the loop of the rope, from whence she was rescued. Nevertheless she received injuries. Her hands were badly lacerated by the rope running through them, and, it is claimed, a prolapsed womb…
1Opinion of the CourtGoode, J.
The instruction copied in the statement presented a false hypothesis to the jury as a basis for plaintiff’s recovery. There is no substantial testimony tending to prove that while the plaintiff was in the act of getting upon the elevator and before she had reasonable time to do so, “defendant’s servant in charge caused or suffered said elevator to be started up and caused the plaintiff to be pushed or fall from th& floor of said elevator” into the shaft. That was the theory propounded to the jury and it contradicts the evidence of both sides. The cunning workmanship of the petition, which…
2Cases cited9 opinions
- Williams v. Kansas City, Springfield & Memphis RailroadSupreme Court of Missouri · 1888
- Trapnell v. City of Red Oak JunctionSupreme Court of Iowa · 1888
- Benjamin v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1892
- State v. WilforthSupreme Court of Missouri · 1881
- Bean v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1886
4 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Mitchell v. Chicago & Alton Railway Co.Missouri Court of Appeals · 1904
- Grimes v. StarkMissouri Court of Appeals · 1902