McDonald v. Central Illinois Construction Co.
Missouri Court of Appeals
Appeal from St. Louis- City Circuit Court.—Hon. Hugo Muench, Judge. (1) The court erred in sustaining the motion to compel defendant to elect between t'he defenses in its answer. Defendant’s answer contained a general denial; a plea of assumed risk, and a plea that plaintiff’s own negligence caused the injuries. These pleas are not inconsistent. (2) The court erred in overruling the demurrer to the evidence.
Read the full summary
Appeal from St. Louis- City Circuit Court.—Hon. Hugo Muench, Judge. (1) The court erred in sustaining the motion to compel defendant to elect between t'he defenses in its answer. Defendant’s answer contained a general denial; a plea of assumed risk, and a plea that plaintiff’s own negligence caused the injuries. These pleas are not inconsistent. (2) The court erred in overruling the demurrer to the evidence. The petition counts solely on negligence of defendant in failing to furnish plaintiff a reasonably safe place to do the work of his employment under defendant. Not one syllable of…
1Opinion of the CourtReynolds, P. J.
The petition in this case, seeking damages for injuries to plaintiff, alleged to have been sustained on the 8th of March, 1910, in consequence of the sliding of a bank of a trench in which plaintiff at the time was working in an attempt to shore up the side, avers that for a long space of time next prior thereto, the excavation or place where plaintiff was digging was dangerous and not a reasonably safe place for him to be in while doing the work of his employment, because the sides or walls of the excavation were not shored or propped in any way, and there was nothing to prevent the dirt,…
2Cases cited10 opinions
- Powell v. Union Pacific RailroadSupreme Court of Missouri · 1914
- Benjamin v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1912
- White v. St. Louis & Meramec River RailroadSupreme Court of Missouri · 1907
- Eversole v. Wabash RailroadSupreme Court of Missouri · 1913
- Taylor v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1914
5 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Kleinlein v. FoskinSupreme Court of Missouri · 1929
- Guthrie v. GillespieSupreme Court of Missouri · 1928
- Howell v. DowellMissouri Court of Appeals · 1967
- Alexander v. Star-Chronicle Publishing Co.Missouri Court of Appeals · 1917
- McDonald v. Central Illinois Construction Co.Missouri Court of Appeals · 1916