Purcell v. Tennent Shoe Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. D. D. Fisher, Judge. (1) The failure of appellant to prove by positive evidence who it was started the elevator and continued it in operation up to the time it injured appellant, was not fatal to appellant’s prima facie case.
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Appeal from St. Louis City Circuit Court. — Hon. D. D. Fisher, Judge. (1) The failure of appellant to prove by positive evidence who it was started the elevator and continued it in operation up to the time it injured appellant, was not fatal to appellant’s prima facie case. Ordering Purcell to perform the task of sweeping off the false floor and failing to provide proper control of the freight elevator, filled the gap and connected respondent’s negligence with the accident as the proximate cause of the injury. Schultz v. Moon, 33 Mo. App. 339; Minster v. Railroad, 53 Mo. App. 282; Buesching…
1Opinion of the Court
MARSHALL, J. —
This is an action for ten thousand dollars damages for personal injuries, received by the plaintiff on April 23, 1900, while in the discharge of his duty as a servant of the defendant. At the close of the plaintiff’s case, the trial court sustained a demurrer to the evidence, the plaintiff stood on the ruling, a verdict was rendered for the defendant, and the plaintiff appealed.
This petition alleges that the defendant corporation occupies, and does business in, a five-story building, numbered 823 and 825 Washington avenue, in St. Louis, in which it maintains and operates a…
2Cases cited4 opinions
- Curtis v. McNairSupreme Court of Missouri · 1903
- Fisher v. Central Lead Co.Supreme Court of Missouri · 1900
- Goransson v. Riter-Conley Manufacturing Co.Supreme Court of Missouri · 1905
- Holmes v. BrandenbaughSupreme Court of Missouri · 1903
3Cited by10 opinions
- Gerber Ex Rel. Gerber v. City of Kansas CitySupreme Court of Missouri · 1924
- Northern v. Chesapeake & Gulf Fisheries Co.Supreme Court of Missouri · 1928
- Kappes v. Brown Shoe Co.Missouri Court of Appeals · 1905
- Fink v. Kansas City Southern Railway Co.Missouri Court of Appeals · 1912
- Baldwin v. Hanley & Kinsella Coffee Co.Missouri Court of Appeals · 1919
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