Forbes v. Dunnavant
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Eon. Jesse A. McDonald, Judge. The court erred in overruling appellant’s demurrer to the evidence, (a) Because there was no case made by merely showing the happening of the accident, as the doctrine of res ipsa loquitur does not apply in this case.
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Appeal from St. Louis City Circuit Court. — Eon. Jesse A. McDonald, Judge. The court erred in overruling appellant’s demurrer to the evidence, (a) Because there was no case made by merely showing the happening of the accident, as the doctrine of res ipsa loquitur does not apply in this case. Kimmer v. Webber, 151 N. Y. 417; Bowen v. Railroad, 95 Mo. 268. Before respondent was entitled to have his ease submitted to the jury, it was incumbent upon him to show some negligence on the part of appellant. Harper v. Railroad, 187 Mo. 575; Chandler v. Glass Co., 174 Mo. 321. (b) Respondent proved the…
1Opinion of the CourtLamm, J.
Dunnavant was a contractor in the erection of the Textile Building for the World’s Fair Association at its grounds in the city of St. Louis in 1902, and is sued by Forbes, Ms servant, employed with others in the building of a scaffold to be used in the erection of said building. While thus employed, the scaffold broke and he was so injured by Ms resulting fall that no complaint is made over the amount of his verdict, to-wit, $7,500.
The gist of the paper issues follows: Thus, by the petition it is set forth:
“That whilst the plaintiff was on said scaffold in the due discharge of the duties of…
2Cases cited13 opinions
- Cregan v. . MarstonNew York Court of Appeals · 1891
- Johnson v. Boston Tow-Boat Co.Massachusetts Supreme Judicial Court · 1883
- Beesley v. F. W. Wheeler & Co.Michigan Supreme Court · 1894
- Knorpp v. WagnerSupreme Court of Missouri · 1906
- Fisher v. Central Lead Co.Supreme Court of Missouri · 1900
8 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Van Bibber v. Swift & Co.Supreme Court of Missouri · 1921
- Combs v. Rountree Construction Co.Supreme Court of Missouri · 1907
- Miller v. CollinsSupreme Court of Missouri · 1931
- Guthrie v. GillespieSupreme Court of Missouri · 1928
- Cain v. Humes-Deal Co.Supreme Court of Missouri · 1932
28 more not listed; retrieve them via the Exa API.