Grote v. Hussmann
Missouri Court of Appeals
Appeal from tlie Circuit Court of the City of St. Louis. —Hon. Benjamin J. Klene, Judge. (1) The rule in Missouri is that where plaintiff has by a negligent act on his part directly contributed to his own injury, he may not recover, regardless of how his carelessness compares with the other contributory causes of the injury. Newton v. Wabash Railway Company, Í52 Mo.
Read the full summary
Appeal from tlie Circuit Court of the City of St. Louis. —Hon. Benjamin J. Klene, Judge. (1) The rule in Missouri is that where plaintiff has by a negligent act on his part directly contributed to his own injury, he may not recover, regardless of how his carelessness compares with the other contributory causes of the injury. Newton v. Wabash Railway Company, Í52 Mo. App. 167; Schmidt v. St. Louis Railroad, 149 Mo. 269, 287; Neal v. Gillett, 23 Conn. 4431 Where testimony for plaintiff establishes truth of facts set up as new matter in answer, and these facts preclude recovery upon part of…
1Opinion of the Court
This is an action for damages for personal injuries, alleged to have been sustained by C. August Grote, by falling down an elevator shaft on the premises of appellant Hussmann.
Since the appeal was filed in this court, the original plaintiff died, and the present respondents were substituted as parties plaintiff.
The jury returned a verdict for plaintiff in the sum of $10000.
The defendant filed a motion for new trial, after which the trial court made an order that unless plaintiff remitted $5,000 from the verdict, the motion for new trial would be sustained. Plaintiff thereupon filed his…
2Cases cited6 opinions
- Meily v. St. Louis & San Franoisco RailroadSupreme Court of Missouri · 1908
- Aiken v. Sidney Steel Scraper Co.Missouri Court of Appeals · 1917
- Bliesner v. G. Riesmeyer Distilling Co.Missouri Court of Appeals · 1913
- Baldwin v. Hanley & Kinsella Coffee Co.Missouri Court of Appeals · 1919
- Jackson v. Western Union Telegraph Co.Missouri Court of Appeals · 1913
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Bonanomi v. PurcellSupreme Court of Missouri · 1921
- Senseney v. Landay Real Estate Co.Supreme Court of Missouri · 1939
- Gray v. LevyMissouri Court of Appeals · 1932
- McClintock v. PriceMissouri Court of Appeals · 1956