English v. Roberts, Johnson & Rand Shoe Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Son. Jesse A. McDonald, Judge. (1) The court erred in overruling appellant’s motion for an-order requiring respondent to elect upon which cause of action, or specification of negligence, he would proceed to trial for the reason that the two causes of action, set up in respondent’s petition, were inconsistent with each other.
Read the full summary
Appeal from St. Louis City Circuit Court. — Son. Jesse A. McDonald, Judge. (1) The court erred in overruling appellant’s motion for an-order requiring respondent to elect upon which cause of action, or specification of negligence, he would proceed to trial for the reason that the two causes of action, set up in respondent’s petition, were inconsistent with each other. McD'ermott v. Railroad, 87 Mo. 285; Drolshagen v. Railroad, 186 Mo. 258; Be-hen v. Transit Co., 186 Mo. 430; Ennis v. Padgett, 122 Mo. App. 539. (2) The court erred in refusing to give the peremptory instruction asked by…
1Opinion of the CourtNortoni, J.
This is a suit for damages accrued to plaintiff on account of personal injuries alleged to have been inflicted upon him through defendant’s negligence while plaintiff was engaged in feeding a heeling machine in defendant’s shoe factory. The plaintiff recovered and the defendant appeals;
It appears that the plaintiff was a boy about fifteen years of age. He had had several months’ experience in feeding and operating a heeling machine in the defendant’s and other shoe factories; that is, he had worked for a number of months with a machine identical with the one on which he was injured and was…
2Cases cited14 opinions
- Baltimore & Ohio Railroad v. BaughSupreme Court of the United States · 1893
- Dayharsh v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1890
- Schroeder v. Chicago & Alton RailroadSupreme Court of Missouri · 1891
- Miller v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Fogarty v. St. Louis Transfer Co.Supreme Court of Missouri · 1904
9 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Graczak v. City of St. LouisSupreme Court of Missouri · 1947
- Miller v. FW Woolworth CompanySupreme Court of Missouri · 1959
- Hirsch v. Freund Bros. Bread Co.Missouri Court of Appeals · 1910
- Crane v. Liberty Foundry Co.Supreme Court of Missouri · 1929
- Mertz v. A. Leschen & Sons Rope Co.Missouri Court of Appeals · 1913
10 more not listed; retrieve them via the Exa API.