Feddeck v. St. Louis Car Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Eon. Daniel D. Fisher, Judge. (1) The demurrer of defendant St. Louis Car Company, offered at the end of plaintiff’s case, was properly overruled. Sacks v. Car Co., 87 S. W. 80. ,(2) This case comes within the doctrine of res ipsa loquitur. Dougherty v. Railroad, 81 Mo. 329. (3) Appellant cannot complain that the court sustained the demurrer 'of Ratterman Building & Contracting Company.
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Appeal from St. Louis City Circuit Court. — Eon. Daniel D. Fisher, Judge. (1) The demurrer of defendant St. Louis Car Company, offered at the end of plaintiff’s case, was properly overruled. Sacks v. Car Co., 87 S. W. 80. ,(2) This case comes within the doctrine of res ipsa loquitur. Dougherty v. Railroad, 81 Mo. 329. (3) Appellant cannot complain that the court sustained the demurrer 'of Ratterman Building & Contracting Company. (4) Plaintiff’s instruction No. 1 was properly given. (5) Plaintiff’s instruction No. 2 is a correct statement of the law, and was warranted by the evidence. Kleiber…
1Opinion of the Court
BLAND, P. J.,
(after stating the facts). — 1. Whether or not the case should have been taken from the jury should be determined from all the evidence, for some of the facts and circumstances left in doubt by plaintiff’s evidence are made clear by that of the defendant; especially, does defendant’s evidence show that its employees knew the trolley wire was above the lintel and the joists; that they were inside the addition, went over the track and cleared it of obstructions, and viewed,.or had the opportunity to view, the entire surroundings and learn the exact situation. This was to be the…
2Cases cited13 opinions
- Stokes v. SaltonstallSupreme Court of the United States · 1839
- Ehrgott v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
- Fetter v. Fidelity & Casualty Co.Supreme Court of Missouri · 1903
- American Brewing Ass'n v. TalbotSupreme Court of Missouri · 1897
- Atchison, Topeka & Santa Fe Rld. v. StanfordSupreme Court of Kansas · 1874
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3Cited by2 opinions
- Moudy v. St. Louis Dressed Beef & Provision Co.Missouri Court of Appeals · 1910
- Butts v. Gaar-Scott & Co.Missouri Court of Appeals · 1912