Poindexter v. Benedict Paper Co.
Missouri Court of Appeals
Appeal from the Jacksdn Circuit Court.—Hon. John W. Henry, Judge. (1) The undisputed physical facts show that there could have been no lack of light, and physical facts must control. Spohn v. Eailroad, 87 Mo. 71; Nugent v. Milling Co., 331 Mo. 211; Gurley v. Eailroad, 104 Mo. 211; Watson v. Goal Co., 52 Mo. App. 366; Kelsay v. Eailroad, 129 Mo. 376. (2) Failure to provide rules was not the proximate cause of plaintiff’s injury.
Read the full summary
Appeal from the Jacksdn Circuit Court.—Hon. John W. Henry, Judge. (1) The undisputed physical facts show that there could have been no lack of light, and physical facts must control. Spohn v. Eailroad, 87 Mo. 71; Nugent v. Milling Co., 331 Mo. 211; Gurley v. Eailroad, 104 Mo. 211; Watson v. Goal Co., 52 Mo. App. 366; Kelsay v. Eailroad, 129 Mo. 376. (2) Failure to provide rules was not the proximate cause of plaintiff’s injury. Shearman & Eedfield on Negligence [5 Ed.], sec. 202; Eutledge v. Eailroad, 123 Mo. 121. (3) There was no evidence to submit to a jury as to the necessity or…
1Opinion of the CourtEllison, J.
Prior to and after July 23, 1894, plaintiff was in the employ of defendants, who were paper dealers, under the name of the Benedict Paper Company. Plaintiff was engaged, during his service with defendants, in different capacities about the building; and on the day aforesaid, he was acting as order clerk. In getting goods that day from the third floor, he fell down the elevator shaft to the lower floor, sustaining painful injuries. He obtained judgment in the circuit court.
The petition is grounded on the alleged negligence of defendants in maintaining the elevator at a point where the natural…
2Cases cited4 opinions
- Rutledge v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
- Foster v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1893
- Reagan v. St. Louis, Keokuk & Northwestern Railway Co.Supreme Court of Missouri · 1887
- Coontz v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
3Cited by4 opinions
- Scott v. Western Union Telegraph Co.Supreme Court of North Carolina · 1930
- Kappes v. Brown Shoe Co.Missouri Court of Appeals · 1905
- Unrein v. Oklahoma Hide Co.Supreme Court of Missouri · 1922
- Roberts v. Sanitas Nut Food Co.Michigan Supreme Court · 1905