Adolff v. Columbia Pretzel & Baking Co.
Missouri Court of Appeals
Appeal from St. Louis Circuit Court.— Hon. Wm. Zackritz, Judge. (1) The court erred in refusing to sustain a demurrer to the evidence by refusing to give a peremptory instruction at the close of the whole case and in overruling the motion for new trial and in arrest of judgment for the following reasons: (a) Upon the plaintiff’s own showing and the uncontradicted evidence the injuries which plaintiff received were the result of her own negligence and not the negligence of…
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Appeal from St. Louis Circuit Court.— Hon. Wm. Zackritz, Judge. (1) The court erred in refusing to sustain a demurrer to the evidence by refusing to give a peremptory instruction at the close of the whole case and in overruling the motion for new trial and in arrest of judgment for the following reasons: (a) Upon the plaintiff’s own showing and the uncontradicted evidence the injuries which plaintiff received were the result of her own negligence and not the negligence of the defendant, (b) There was no proof of the specific charges of negligence alleged in the petition, and the plaintiff wás…
1Opinion of the CourtGoode, J.
Plaintiff Lena Adolff was employed, in the year 1900, in the bakery of the defendant, the Columbia Pretzel & Baking Company, and had been employed there for ten months prior to the time she met with the accident complained of in this action. Said accident occurred May 7th in that year, when the plaintiff was a minor not quite eighteen years of age.
A dough-rolling or kneading machine was used in the bakery and was operated by a skilled employee called the “baker, ’’ it being a machine, as the testimony tends to show, requiring the attention of a man, and somewhat dangerous for an unskillful,…
2Cases cited41 opinions
- Hough v. Railway Co.Supreme Court of the United States · 1880
- Gardner v. Michigan Central RailroadSupreme Court of the United States · 1893
- Pittsburgh, Cincinnati & St. Louis Railway Co. v. AdamsIndiana Supreme Court · 1886
- Huhn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- United States v. SheaSupreme Court of the United States · 1894
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3Cited by11 opinions
- Fillingham v. St. Louis Transit Co.Missouri Court of Appeals · 1903
- Lee v. St. Louis, Memphis & Southeastern RailroadMissouri Court of Appeals · 1905
- Boten ex rel. Boten v. Sheffield Ice Co.Missouri Court of Appeals · 1914
- Zeigenmeyer v. Goetz Lime & Cement Co.Missouri Court of Appeals · 1905
- Bennett v. Crystal Carbonate Lime Co.Missouri Court of Appeals · 1910
6 more not listed; retrieve them via the Exa API.