Scheurer v. Banner Rubber Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Eon. Warwick Hough, Judge. The action of the court, in giving at defendant’s request instruction 6 and in modifying plaintiff’s instruction 1 was erroneous because: (a) The existence of a duty and its violation followed by injury gives a right of action. Longan v. Weltmer, 180 Mo. 322; Graney v. Railroad, 140 Mo. 90; Blair v. Railroad, 89 Mo. 334; Atkinson v. Railroad, 90 Mo. App. 489; Wheeler v. St. Joseph Co., 66 Mo.
Read the full summary
Appeal from St. Louis City Circuit Court. — Eon. Warwick Hough, Judge. The action of the court, in giving at defendant’s request instruction 6 and in modifying plaintiff’s instruction 1 was erroneous because: (a) The existence of a duty and its violation followed by injury gives a right of action. Longan v. Weltmer, 180 Mo. 322; Graney v. Railroad, 140 Mo. 90; Blair v. Railroad, 89 Mo. 334; Atkinson v. Railroad, 90 Mo. App. 489; Wheeler v. St. Joseph Co., 66 Mo. App. 260. (b) Uncertainty or difficulty in 'determining amount of damage does not justify denial of recovery. 8 Am. and Eng. Ency.…
1Opinion of the CourtBurgess, J.
This is an appeal from a judgment of the circuit court of the city of St. Louis in favor of the defendant, in a • suit for damages for personal injuries.
At the time he received his injuries, plaintiff was in the employ of the defendant and was operating a machine known as a shaping machine, used for working over old rubber stock or the remains of rubber sheets out of which rubber shoe heels had been stamped. The sheet of rubber was first warmed up by passing it through a machine with heated rollers, and after being thus warmed and softened it was passed through the shaping machine. The…
2Cases cited19 opinions
- Bassett v. City of St. JosephSupreme Court of Missouri · 1873
- Harrison v. Kansas City Electric Light Co.Supreme Court of Missouri · 1906
- Barnowsky v. HelsonMichigan Supreme Court · 1891
- Gilbert v. KennedyMichigan Supreme Court · 1871
- Blanton v. DolbSupreme Court of Missouri · 1891
14 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Richardson v. Volkswagenwerk, A.G.District Court, W.D. Missouri · 1982
- Stoutimore v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Missouri · 1936
- Barker v. Kansas City, Mexico & Orient Railway Co.Supreme Court of Kansas · 1913
- Rix v. Town of AlamogordoNew Mexico Supreme Court · 1938
- Battles v. United Railways Co. of St LouisMissouri Court of Appeals · 1913
19 more not listed; retrieve them via the Exa API.