Dunlap v. Mallinckrodt Chemical Works
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Eugene McQuillin, Judge. (1) The ordinance does not require the operator or operators to ride upon the elevator; there is no evidence that those who operated it were not qualified in all respects as the ordinance requires. There was no proof of any failure to obey the ordinance, as such law has been construed by the Supreme Court. The burden of proof on these points was on plaintiff and it was never discharged.
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Appeal from St. Louis City Circuit Court. — Hon. Eugene McQuillin, Judge. (1) The ordinance does not require the operator or operators to ride upon the elevator; there is no evidence that those who operated it were not qualified in all respects as the ordinance requires. There was no proof of any failure to obey the ordinance, as such law has been construed by the Supreme Court. The burden of proof on these points was on plaintiff and it was never discharged. Purcell v. Shoe Co., 187 Mo. 276. (2) No connection, direct or remote, is proved between any act for which defendant is answerable and…
1Opinion of the CourtNortoni, J.
This is a suit for damages accrued to plaintiff.on account of the death of her husband through the alleged negligent wrongful act of defendant. Plaintiff recovered and defendant prosecutes the appeal.
Defendant, incorporated, is a manufacturing chemist in the city of St. Louis and plaintiff’s husband was in its employ, at the time of his death, as a chemist. Plaintiff’s husband came to his death through being crushed between the floor of an elevator and the beam over the entrance thereto, in defendant’s establishment. The elevator which occasioned his injury and death was maintained by…
2Cases cited9 opinions
- Buesching v. St. Louis Gaslight Co.Supreme Court of Missouri · 1880
- Coulter v. . American Merchants' Un. Ex. Co.New York Court of Appeals · 1874
- Barry v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1888
- Francis v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1895
- Johnston v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1910
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3Cited by5 opinions
- Ft. Worth & D. C. Ry. Co. v. StalcupCourt of Appeals of Texas · 1914
- Baldwin v. Hanley & Kinsella Coffee Co.Missouri Court of Appeals · 1919
- College Court Realty Co. v. J. C. Letcher Lumber Co.Supreme Court of Alabama · 1917
- Wack v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1913
- Ft. Worth & D. C. Ry. Co. v. StalcupCourt of Appeals of Texas · 1914