Melcher v. Freehold Investment Co.
Missouri Court of Appeals
Appeal from Greene County Circuit Court. — How. Arch A. Johnson, Judge. (1) This case both on the petition and on the evidence, rests on the res ipsa loquitur doctrine; and the circumstances shown are such that the mere fact of the occurrence of the accident is no proof of negligence.
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Appeal from Greene County Circuit Court. — How. Arch A. Johnson, Judge. (1) This case both on the petition and on the evidence, rests on the res ipsa loquitur doctrine; and the circumstances shown are such that the mere fact of the occurrence of the accident is no proof of negligence. A servant can invoke the res ipsa loquitur doctrine in those cases alone, “where the injury arose from some condition or want that is in its very nature so obviously destructive of the safety of persons or property ,and is so tortious in its quality, as in the first instance at least to permit no inference save…
1Concurrence
CONCURRING OPINION.
FARRINGTON, J.
I concur in the affirmance of the judgment for the following reasons:
The fact has been found by the jury that the plaintiff received a shock of electricity from the handle of defendant’s elevator controller while in the exercise of ordinary care for his own safety.
The fact appears from the record that no building of the character of defendant’s building is shown to have ever been supplied with lightning arresters which fact is testified to by architects as to what specifications for such buildings include, as well as from the testimony of engineers that a…
2Cases cited10 opinions
- Gannon v. Laclede Gas Light Co.Supreme Court of Missouri · 1898
- Geismann v. Missouri-Edison Electric Co.Supreme Court of Missouri · 1903
- Rothrock v. Cordz-Fisher Lumber Co.Supreme Court of Missouri · 1898
- Coin v. John H. Talge Lounge Co.Supreme Court of Missouri · 1909
- Chrismer v. Bell Telephone Co.Supreme Court of Missouri · 1906
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