Murrell v. Smith
Missouri Court of Appeals
Appeal from Dade Circuit Court. — Hon. B. G. Thurman, Judge. Defendants’ peremptory instruction should háve been given and the court erred in refusing it when offered at the close of plaintiffs’ case and again when it was offered at the dose of all the evidence. Arnold v. St. Louis, 152 Mo. 173; Marcheck v. Klute, 133 Mo.
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Appeal from Dade Circuit Court. — Hon. B. G. Thurman, Judge. Defendants’ peremptory instruction should háve been given and the court erred in refusing it when offered at the close of plaintiffs’ case and again when it was offered at the dose of all the evidence. Arnold v. St. Louis, 152 Mo. 173; Marcheck v. Klute, 133 Mo. App. 280; Glaser v. Rothschild, 221 Mo. 180; Parker v. Publishing Co., 69 Me. 173; Pierce v. Whitcomb,_ 18 Vt. .127; Ryerson v. Bathgate, 67 N. J. L. 337; Shaw v. Goldman, 116 Mo. App. 311; 21 Amer. and Eng. Ency. of Law (2 Ed.), 127; Davis v. Ringolsky, 127 S. W. 625; Barry…
1Opinion of the CourtNixon, P. J.
The principal contention of the appellants on this appeal is that the trial court, by refusing their peremptory instruction, committed material error, because, they maintain, none of the ma*104terial allegations in plaintiffs’ petition as to the negligence of the appellants were sustained by the evidence ; that the platform, the fall of which caused' the death of plaintiffs’ son, was not built for public use, and that its very construction and appearance was such as to give all persons notice that it was only built for exhibition purposes; that the deceased, voluntarily, for his own convenience,…
2Cases cited10 opinions
- Glaser v. RothschildSupreme Court of Missouri · 1909
- Richmond & Manchester Railway Co. v. Moore's Adm'rSupreme Court of Virginia · 1897
- Mastad v. BrethrenSupreme Court of Minnesota · 1901
- Eckhard v. St. Louis Transit Co.Supreme Court of Missouri · 1905
- Thornton v. Maine State Agricultural SocietySupreme Judicial Court of Maine · 1902
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Wells v. Minneapolis Baseball & Athletic Ass'nSupreme Court of Minnesota · 1913
- Crane v. Kansas City Baseball & Exhibition Co.Missouri Court of Appeals · 1913
- Berberet v. Electric Park Amusement Co.Supreme Court of Missouri · 1928
- Edling v. Kansas City Baseball & Exhibition Co.Missouri Court of Appeals · 1914
- Clark v. Monroe County Fair Assn.Supreme Court of Iowa · 1927
4 more not listed; retrieve them via the Exa API.