Hillerbrand v. May Mercantile Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — No». Virgil Buie, Judge. (1) The court erred in refusing to give the instruction in the nature of a demurrer to the evidence offered at the close of the plaintiff’s case in chief. Brands v. Oar Co., 112 S. W. 511; Schmidt v. Distilling Go., 90 Mo. 284; Barney v. Railroad, 126 Mo. 872; Sullivan v. Railroad, 188 Mo. 1; American Brewing Co. v. Talbot, 141 M'o. 674; Houck v. Railroad, 116 Mo.
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Appeal from St. Louis City Circuit Court. — No». Virgil Buie, Judge. (1) The court erred in refusing to give the instruction in the nature of a demurrer to the evidence offered at the close of the plaintiff’s case in chief. Brands v. Oar Co., 112 S. W. 511; Schmidt v. Distilling Go., 90 Mo. 284; Barney v. Railroad, 126 Mo. 872; Sullivan v. Railroad, 188 Mo. 1; American Brewing Co. v. Talbot, 141 M'o. 674; Houck v. Railroad, 116 Mo. App. 559; O’Hara v. Gas Light Co., 110 S. W. 642; Marcheck v. Klute, 113 S. W. 654. (a) There was a failure of proof of the essential allegations of the petition…
1Opinion of the CourtG-Oode, J.
This action was instituted to recover damages for an injury to tbe plaintiff, a minor, suing by next friend. Defendant conducts a large retail department store several stories bigh in the city of St. Louis. One of the means provided for patrons to pass between the first and second floors is a moving stairway or escalador. This device consists of two flights of stairs of easy slope, extending parallel to each other from the first to the second floor, kept in motion by machinery, one ascending as the other descends, and transporting passengers from one floor to the other. The banisters or…
2Cases cited4 opinions
- Nagel v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1882
- Bowen v. Chicago, Burlington & Kansas City Railway Co.Supreme Court of Missouri · 1888
- Boland v. Missouri RailroadSupreme Court of Missouri · 1865
- McFarland v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
3Cited by15 opinions
- Crane v. SmithCalifornia Supreme Court · 1943
- Petree v. Davison-Paxon-Stokes Co.Court of Appeals of Georgia · 1923
- Kataoka v. May Department Stores Co.California Court of Appeal · 1943
- Garis v. EberlingCourt of Appeals of Tennessee · 1934
- Brown v. Sears, Roebuck and Co.Supreme Court of Louisiana · 1987
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