Dowling v. Gerard B. Allen & Co.
Supreme Court of Missouri
Appeal from St. Louis County Circuit Court. — ITonW. W. Edwards, Judge. This is an action for damages for personal injuries sustained by plaintiff while in defendant’s employ and by reason of alleged negligence of the latter. The defense was a denial and a plea of plaintiff’s contributory negligence, which the reply put in issue.
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Appeal from St. Louis County Circuit Court. — ITonW. W. Edwards, Judge. This is an action for damages for personal injuries sustained by plaintiff while in defendant’s employ and by reason of alleged negligence of the latter. The defense was a denial and a plea of plaintiff’s contributory negligence, which the reply put in issue. The injury complained of occurred in 1872. The present action was begun in 1875. Plaintiff was obliged to take a nonsuit under the rulings of the circuit court at the first trial, but that judgment was reversed and the cause remanded on appeal to the St. Louis court…
1Opinion of the CourtBarclay, J.
— This case has been before this court on two former occasions when the principles governing it were fully considered. We have not been asked to overrule any former expressions of opinion on the subject, nor do we see any just reason for doing so.
That the case was fairly one to be submitted to the jury on the issues of negligence on the part of plaintiff, *220and. of defendant, was expressly ruled by the St. Louis court of appeals (6 Mo. App. 195 ) and by this court .(74 Mo. 13 and 88 Mo. 293). It was farther adjudicated then that when an inexperienced youth, as plaintiff was shown to be, is…
2Cases cited3 opinions
- Dowling v. Gerard B. Allen & Co.Supreme Court of Missouri · 1881
- Dowling v. Gerard B. Allen & Co.Supreme Court of Missouri · 1885
- Dowling v. Gerard B. Allen & Co.Missouri Court of Appeals · 1878
3Cited by6 opinions
- Babcock Bros. Lumber Co. v. JohnsonSupreme Court of Georgia · 1904
- Ingerman v. MooreCalifornia Supreme Court · 1891
- Jerolman v. Chicago Great Western Railway Co.Supreme Court of Iowa · 1899
- Fisher v. PrairieSupreme Court of Oklahoma · 1910
- Tomlinson Ex Rel. Tomlinson v. MarshallMissouri Court of Appeals · 1921
1 more not listed; retrieve them via the Exa API.