Roberts v. Central Lead Co.
Missouri Court of Appeals
Appeal from St. Francois Circuit Court. — Ho». James D. Fox, Judge. (1) The trial court erred in overruling defendant’s demurrer-to plaintiff’s amended petition, and in refusing to dismiss his petition, for the reason that plaintiff failed to plead any tender of any portion of the money that he had received from defendant on the compromise and settlement of the case, or any offer to return the same on the institution of his suit; and,, secondly, for the reason that…
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Appeal from St. Francois Circuit Court. — Ho». James D. Fox, Judge. (1) The trial court erred in overruling defendant’s demurrer-to plaintiff’s amended petition, and in refusing to dismiss his petition, for the reason that plaintiff failed to plead any tender of any portion of the money that he had received from defendant on the compromise and settlement of the case, or any offer to return the same on the institution of his suit; and,, secondly, for the reason that plaintiff’s action ought to have been barred and he estopped from bringing the same, because of his long delay in notifying the…
1Opinion of the CourtBarclay, J.
This suit presents two distinct phases defined by two counts of the petition. Plaintiff was injured while in the employ of defendant as a miner, and he executed a document which defendant relies upon as a release of liability. The first count of plaintiff’s petition aims to cancel the document on grounds to be mentioned more fully presently, while the second count states a. case for the recovery of damages for personal injuries caused by negligence alleged.
Some dates which mark important points in the history of the case are these:
1896, November 7, plaintiff received the injury.
1897, February…
2Cases cited12 opinions
- Courtney v. BlackwellSupreme Court of Missouri · 1899
- Lumley v. Wabash R.Court of Appeals for the Sixth Circuit · 1896
- Hancock v. BlackwellSupreme Court of Missouri · 1897
- Fisher v. Central Lead Co.Supreme Court of Missouri · 1900
- Woodward v. WoodwardSupreme Court of Missouri · 1899
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3Cited by8 opinions
- Drake Ex Rel. Imes v. Kansas City Public Service Co.Supreme Court of Missouri · 1933
- Morris v. HanssenSupreme Court of Missouri · 1934
- Greer v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1913
- Anable v. McDonald Land & Mining Co.Missouri Court of Appeals · 1910
- Finley v. SmithSupreme Court of Missouri · 1943
3 more not listed; retrieve them via the Exa API.