Hensler v. Stix
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. War-wide Hough, Judge. (1) The court erred, in refusing to give,- at the request of defendants an instruction in the nature of a demurrer to the evidence offered at the close of the plaintiff’s evidence in chief, and offered again at the close of. all the evidence.
Read the full summary
Appeal from St. Louis City Circuit Court. — Hon. War-wide Hough, Judge. (1) The court erred, in refusing to give,- at the request of defendants an instruction in the nature of a demurrer to the evidence offered at the close of the plaintiff’s evidence in chief, and offered again at the close of. all the evidence. This instruction should have been given because there was an utter failure on the part of the plaintiff to prove any of the allegations of negligence contained in her petition. The plaintiff specified several acts of negligence and was limited to such allegations, and could not…
1Opinion of the CourtGoode, J.
(after stating the facts). — 1. Persons who operate elevators for the use of the general public *173in stores and other buildings, are treated as common carriers of passengers and held to the exercise of the highest practicable care, and such as prudent men use in operating elevators, to prevent injury to passengers. [Lee v. Knapp, 155 Mo. 610, 56 S. W. 458; Becker v. Lincoln, etc. Co., 174 Mo. 246, 73 S. W. 581; Luckel v. Century Bldg. Co., 177 Mo. 608, 76 S. W. 1035.] It is the duty of a passenger on an elevator, and, hence it was plaintiff’s duty, to use ordinary care to keep from getting…
2Cases cited14 opinions
- Chitty v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1899
- Pastene v. AdamsCalifornia Supreme Court · 1874
- Chouquette v. Southern Electric RailroadSupreme Court of Missouri · 1899
- Allen v. St. Louis Transit Co.Supreme Court of Missouri · 1904
- Litton v. Chicago, Burlington & Quincy RailroadMissouri Court of Appeals · 1905
9 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Edge v. Southwest Missouri Electric Railway Co.Supreme Court of Missouri · 1907
- Hartnett v. May Department Stores Co.Missouri Court of Appeals · 1935
- Hesemann v. May Department Stores Co.Missouri Court of Appeals · 1931
- Rice v. Chicago, Burlington & Quincy Railway Co.Missouri Court of Appeals · 1910
- Boyce v. Chicago & Alton Railway Co.Missouri Court of Appeals · 1906
9 more not listed; retrieve them via the Exa API.