Sustar v. Bambrick Bros. Construction Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court.—Hon. Hugo Muench, Judge. (1) The court erred in refusing to give the peremptory instruction asked by appellant at the close of all the evidence. Brands v. Car Co., 213 Mo. 698; Steinhauser v. Spraul, 127 Mo. 562; Chrismer v. Tel. Co., 194 Mo. 189; Epperson v. Tel. Co., 155 Mo. 346. (2) The court erred in giving instruction No. 1 at the instance of respondent. Said instruction is set out in full under heading II of Argument, infra.
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Appeal from St. Louis City Circuit Court.—Hon. Hugo Muench, Judge. (1) The court erred in refusing to give the peremptory instruction asked by appellant at the close of all the evidence. Brands v. Car Co., 213 Mo. 698; Steinhauser v. Spraul, 127 Mo. 562; Chrismer v. Tel. Co., 194 Mo. 189; Epperson v. Tel. Co., 155 Mo. 346. (2) The court erred in giving instruction No. 1 at the instance of respondent. Said instruction is set out in full under heading II of Argument, infra. Lukamiski v. Steel Co., 142 S. W. 1097; Gorham v. Railroad, 113 Mo. 408. (3) The court erred in giving instruction No. 2…
1Opinion of the CourtAllen, J.
This is an action by plaintiff to recover for personal injuries received by him, while engaged as a servant of defendant, alleged to have been sustained through the negligence of the latter. Plaintiff recovered and the defendant prosecutes the appeal.
On July 24, 1911, plaintiff was in the employ of ■defendant, assisting in the construction of a certain sewer in the city of St. Louis. At the time of his injury, he was working in a trench which was being dug ■by means of the operation of what is known as a sewer machine. The latter consisted of a certain “carriage” carrying buckets, and was…
Also in this document: Concurrence.
2Cases cited7 opinions
- Jewell v. Kansas City Bolt & Nut Co.Supreme Court of Missouri · 1910
- Coin v. John H. Talge Lounge Co.Supreme Court of Missouri · 1909
- Brands v. St. Louis Car Co.Supreme Court of Missouri · 1908
- Chrismer v. Bell Telephone Co.Supreme Court of Missouri · 1906
- Allen v. Quercus Lumber Co.Missouri Court of Appeals · 1913
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3Cited by3 opinions
- Miller v. FW Woolworth CompanySupreme Court of Missouri · 1959
- Burns v. R. L. McDonald Manufacturing Co.Missouri Court of Appeals · 1923
- Miller v. FW Woolworth CompanySupreme Court of Missouri · 1959