Dakan v. G. W. Chase, & Son Mercantile Co.
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — Hon. A. D. Burnes, Judge. (1) The demurrer to the case made hy the evidence should have been sustained, and it was error to refuse it. 1. The burden rested upon plaintiff to show that defendant had been guilty of negligence which caused the fire. No inference of negligence on the part of defendant can he drawn from the fact that a fire occurred and plaintiff was injured.
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Appeal from Buchanan Circuit Court. — Hon. A. D. Burnes, Judge. (1) The demurrer to the case made hy the evidence should have been sustained, and it was error to refuse it. 1. The burden rested upon plaintiff to show that defendant had been guilty of negligence which caused the fire. No inference of negligence on the part of defendant can he drawn from the fact that a fire occurred and plaintiff was injured. Catron v. Nichols, 81 Mo. 80; Baldwin v. Andrews, 96 N. W. 305; Dowell v. Gnthrie, 116 Mo. 646; Smith v. Railroad, 37 Mo. 295; Fuchs v. City, 167 Mo. 6201. 2. The burden rested upon…
1Opinion of the CourtValliant, J.
Defendant corporation at the • times hereinafter mentioned was engaged in the business of manufacturing candy in the city of St. Joseph; the plaintiff was an employee in its service. Defendant’s factory was destroyed by fire on December 23, 1902; at the time the fire occurred the plaintiff and several other young women employees were in a room on the third floor of the building, and to escape death from the flames they jumped out of a window, which was thirty or thirty-five feet from the ground. The plaintiff by the fall sustained very severe injuries. She brings this suit to recover damages…
2Cases cited11 opinions
- Scovill v. GlasnerSupreme Court of Missouri · 1883
- Curtis v. McNairSupreme Court of Missouri · 1903
- Blanton v. DolbSupreme Court of Missouri · 1891
- Settle v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1895
- Wendler v. People's House Furnishing Co.Supreme Court of Missouri · 1901
6 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- Jewell v. Kansas City Bolt & Nut Co.Supreme Court of Missouri · 1910
- Pentecost v. St. Louis Merchants Bridge Terminal RailroadSupreme Court of Missouri · 1933
- State ex rel. Detroit Fire & Marine Insurance v. EllisonSupreme Court of Missouri · 1916
- Messing v. Judge & Dolph Drug Co.Supreme Court of Missouri · 1929
- Kambour v. Boston & Maine RailroadSupreme Court of New Hampshire · 1913
35 more not listed; retrieve them via the Exa API.