Stobile v. McMahon
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Daniel D. Fisher, Judge. (1) This is not a case in which the doctrine of res ipsa loquitur applies. Therefore it was incumbent upon the plaintiff to allege and prove some act of negligence upon the part of the defendant.
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Appeal from St. Louis City Circuit Court. — Hon. Daniel D. Fisher, Judge. (1) This is not a case in which the doctrine of res ipsa loquitur applies. Therefore it was incumbent upon the plaintiff to allege and prove some act of negligence upon the part of the defendant. The charge in the petition is that the defendant negligently and carelessly allowed and permitted a hoisting machine to be operated near plaintiff with same and breaking mangling and crushing plaintiff’s leg, without alleging any fact or facts from which the court could say as a matter of law that it was negligence to have…
1Opinion of the CourtThompson, J.
This is an action for damages for personal injuries. The plaintiff secured a verdict and judgment in the trial court. A motion for a new trial was filed by defendant, which was overruled by the court, and he appealed.
The petition in the case was as -follows:
“Plaintiff states that on or about the - day of March, 1913, he was in the employ of the defendant, and while .pursuing the duties of such employment defendant’s foreman in charge of and directing plaintiff’s work ordered plaintiff to assist .in removing a large timber' from one place to another. That while plaintiff was obeying said order…
2Cases cited15 opinions
- Bradley v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Missouri · 1897
- Moore v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1885
- Wendler v. People's House Furnishing Co.Supreme Court of Missouri · 1901
- Koerner v. St. Louis Car Co.Supreme Court of Missouri · 1908
- Glasgow v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1905
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3Cited by1 opinion
- St. Paul & Kansas City Short Line Railroad v. United States Fidelity & Guaranty Co.Missouri Court of Appeals · 1937