Legal Opinion

Robnett v. Griesedieck Bros. Brewery Co.

Missouri Court of Appeals

Decided March 7, 1922Published

Appeal from the Circuit Court of the City of St. Louis.— Hon. Frank Landwehr, Judge. (1) Proof of the mere fact that the floor in the vicinity of the opening into which respondent’s foot slipped was slippery, is not alone sufficient to entitle respondent to recover.

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Appeal from the Circuit Court of the City of St. Louis.— Hon. Frank Landwehr, Judge. (1) Proof of the mere fact that the floor in the vicinity of the opening into which respondent’s foot slipped was slippery, is not alone sufficient to entitle respondent to recover. The further burden rested upon respondent to establish that appellant either knew, or by the exercise of ordinary care, would have known, of said condition of said floor, and that such negligence, if any, was the proximate cause of his injury. Stagg v. Coffee Co., 169 Mo. 489; Purcell v. Tennant Shoe Co., 187 Mo. 276; Harper v.…

1Opinion of the Court

This is a suit to recover damages for personal injuries, received by plaintiff while in the employ of the defendant, and which plaintiff charges to defendant's negligence.

Te trial below resulted in a verdict and judgment for the plaintiff, and the case is here on defendant's appeal.

The allegations of the petition, with respect to the cause of the injury and the negligence charged, are in; substance as follows; That on the 16th day of June, 1918, plaintiff was in defendant's service at its brewery plant as an assistant engineer, and in the discharge of his duties was attempting to do some work…

2Cases cited4 opinions

  1. Tannehill v. Kansas City, Clinton & Springfield Railway Co.Supreme Court of Missouri · 1919
  2. Oates v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1902
  3. Sissel v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1908
  4. Holtkamp v. Chicago Burlington & Quincy RailroadMissouri Court of Appeals · 1921

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