Mullery v. Missouri & Kansas Telephone Co.
Missouri Court of Appeals
Appeal from Buchanan Circuit Court. — Hon. Charles H. Mayer, Judge. The court clearly erred in refusing to peremptorily instruct the jury to find for defendant. Long v. Moon, 107 Mo. 334; Kipp v. Oyster, 133 Mo. App. 711; Fink y. Mo. Furance Co., 82 Mo. 276; Gayle v. Mo. Car & Foundry Co., 177 Mo. 427. The rule res ipsa loquitur does not apply because the plaintiff pleaded specific acts of negligence. Gibler v. Railroad, 148 Mo. 475; Black y.
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Appeal from Buchanan Circuit Court. — Hon. Charles H. Mayer, Judge. The court clearly erred in refusing to peremptorily instruct the jury to find for defendant. Long v. Moon, 107 Mo. 334; Kipp v. Oyster, 133 Mo. App. 711; Fink y. Mo. Furance Co., 82 Mo. 276; Gayle v. Mo. Car & Foundry Co., 177 Mo. 427. The rule res ipsa loquitur does not apply because the plaintiff pleaded specific acts of negligence. Gibler v. Railroad, 148 Mo. 475; Black y. Railroad, 217 Mo. 672; McGrath v. Transit Co., 197 Mo. 97; Hayne v. Packing Co., 126 Mo. App. 93; Hamilton v. Railroad, 123 Mo. App. 619. (1) It is the…
1Opinion of the CourtTrimble, J.
Plaintiff, in defendant’s employ as a long distance telephone operator, was injured by the fall of a locker in the rest room provided for defendant’s employees; and she brings this suit for damages sustained thereby. She recovered judgment, and defendant has appealed.
The rest room in question, about 18 feet by 20 feet in size, was maintained by defendant in its telephone exchange building so that the lady telephone operators could have a place to rest and refresh themselves for a certain period in the forenoon and also for a like time in the afternoon of each day. The operators were required…
2Cases cited17 opinions
- McGrath v. St. Louis Transit Co.Supreme Court of Missouri · 1906
- Russell v. Inhabitants of ColumbiaSupreme Court of Missouri · 1881
- Welsh v. City of St. LouisSupreme Court of Missouri · 1880
- Herdler v. Buck's Stove & Range Co.Supreme Court of Missouri · 1896
- Byerly v. Consolidated Light, Power & Ice Co.Missouri Court of Appeals · 1908
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3Cited by7 opinions
- Cotton v. Ship-By-Truck Co.Supreme Court of Missouri · 1935
- Bender v. Kroger Grocery & Baking Co.Supreme Court of Missouri · 1925
- Milburn v. Chicago, Milwaukee, St. Paul & Pacific RailroadSupreme Court of Missouri · 1932
- Telanus v. SimpsonSupreme Court of Missouri · 1928
- White v. Montgomery Ward & Co.Missouri Court of Appeals · 1915
2 more not listed; retrieve them via the Exa API.