Budde v. United States Incandescent Lamp Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Wilson A. Taylor, Judge. (1) Defendant’s instruction of nonsuit should have been given, because: (a) The evidence established, without conflict, that Bryan and plaintiff were fellow servants. Robinson v. Railroad, 133 App. 117, and cases therein cited; Parker v. Railroad, 109 Mo. 362, 419; Koerner v. Car Company, 209 Mo. 153. (b) The Dual Capacity Doctrine is established in Missouri.
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Appeal from St. Louis City Circuit Court. — Hon. Wilson A. Taylor, Judge. (1) Defendant’s instruction of nonsuit should have been given, because: (a) The evidence established, without conflict, that Bryan and plaintiff were fellow servants. Robinson v. Railroad, 133 App. 117, and cases therein cited; Parker v. Railroad, 109 Mo. 362, 419; Koerner v. Car Company, 209 Mo. 153. (b) The Dual Capacity Doctrine is established in Missouri. Fogarty v. Transfer Co., 180 Mo. 507. (c) Plaintiff was guilty of contributory negligence.- Collett v. Kuhlman, 243 Mo. 501. (2) Plaintiff’s instruction No. 1 is…
1Opinion of the CourtReynolds, P. J.
Preliminary to a consideration of the case on its merits, it is necessary to pass upon a question • which arose over the abstract prepared and filed by appellant. After the abstract was filed, respondent in due time filed objections to it, claiming that it did not appear that the testimony was set out in full; then, that it appeared in the abstract that instructions numbered 1, 2 and 3 had been given at the instance of plaintiff, and that defendant had excepted to the giving of these three instructions; *155that instructions numbered from 1 to 12, both inclusive, appeared in the abstract as…
2Cases cited7 opinions
- Grubbs v. ConesSupreme Court of Missouri · 1874
- Missouri, Kansas & Eastern Railway Co. v. HolschlagSupreme Court of Missouri · 1898
- Becher v. DeuserSupreme Court of Missouri · 1902
- Coy v. LandersMissouri Court of Appeals · 1910
- Tutt v. CouzinsSupreme Court of Missouri · 1872
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