Letanovsky v. Friedman-Shelby Shoe Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Son. Moses■ N. Sale, Judge, (1) The court erred in overruling the defendant’s demurrer to the evidence. Jackson y. Railroad, 104 Mo. 448; Bradley y. Railroad, 138 Mo. 302; Minnier y. Railway, 167 Mo. 99; Brands v. Oar Co., 213 Mo. 698; Chrismer y.
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Appeal from St. Louis City Circuit Court. — Son. Moses■ N. Sale, Judge, (1) The court erred in overruling the defendant’s demurrer to the evidence. Jackson y. Railroad, 104 Mo. 448; Bradley y. Railroad, 138 Mo. 302; Minnier y. Railway, 167 Mo. 99; Brands v. Oar Co., 213 Mo. 698; Chrismer y. Telephone Co., 194 Mo. 189. (2) Plaintiff’s instruction No. 2 is erroneous because it submits to the jury an issue not presented by the pleadings or the evidence, namely, the manner in wdiich the machine was placed, for it permits recovery if the machine was of such ^character, or so placed, as to be…
1Opinion of the CourtNortoni, J.
— This is a suit for damages accrued to plaintiff on account of personal injuries through the ■alleged negligence of defendant. Plaintiff recovered, •■and defendant prosecutes the appeal..
'Defendant corporation owns and conducts a shoe factory in the city of St. Louis, and plaintiff, a mature "man and experienced shoe worker, was in its employ at the time of his injury Plaintiff had been in defendant’s ■employ for about two months, operating the machine through which he was injured, and he had worked with like machines iu other factories for several years theretofore; so there is no question…
2Cases cited6 opinions
- Curtis v. McNairSupreme Court of Missouri · 1903
- Bradley v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Missouri · 1897
- Minnier v. Sedalia, Warsaw & Southwestern Railway Co.Supreme Court of Missouri · 1902
- Jackson v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Claybaugh v. Kansas City, Fort Scott & Memphis Railway Co.Missouri Court of Appeals · 1894
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Austin v. Bluff City Shoe Co.Missouri Court of Appeals · 1913
- Knott v. Missouri Boiler & Sheet Iron WorksSupreme Court of Missouri · 1923
- Erwin v. Missouri & Kansas Telephone Co.Missouri Court of Appeals · 1913
- Kuhn v. LuskSupreme Court of Missouri · 1920
- Hosheit v. LuskMissouri Court of Appeals · 1915
1 more not listed; retrieve them via the Exa API.