Prapuolenis v. Goebel Construction Co.
Supreme Court of Missouri
Appeal from St. ’Louis City Circuit Court . — Hon. William T. Jones, Judge. (1) Defendant’s instruction in the nature of a demurrer to the evidence should have been given, (a) Sec. 7843, E. S. 1909, does not cover a swinging and shifting platform such as shown in the instant case. This doctrine is known as the “shifting” or “transitory” device doctrine. Livergood v. Lead & Zinc Co., 179 Mo. 229; Anderson v. Missouri Granite & Const.
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Appeal from St. ’Louis City Circuit Court . — Hon. William T. Jones, Judge. (1) Defendant’s instruction in the nature of a demurrer to the evidence should have been given, (a) Sec. 7843, E. S. 1909, does not cover a swinging and shifting platform such as shown in the instant case. This doctrine is known as the “shifting” or “transitory” device doctrine. Livergood v. Lead & Zinc Co., 179 Mo. 229; Anderson v. Missouri Granite & Const. Co., 178 S. W. 737; Deiner v. Sutermeister, 266 Mo. 514-19 (b) Sec. 7843, E. S. 1909, does not preclude the legal effect of a negligent act of a fellow servant,…
1Opinion of the Court
WHITE, C.
The plaintiff obtained judgment against defendant in the sum of fifteen thousand dollars for personal injuries received while employed by the defendant and alleged to have been inflicted through the negligence of defendant. Defendant appealed from that judgment.
The plaintiff was employed as a common laborer. The defendant had erected a concrete building to be used as a packing plant for the St. Louis Independent Packing Company. After its erection the plaintiff was injured while assisting in removing the forms which had been used in constructing the building.
The building was…
2Cases cited9 opinions
- Stewart v. . FergusonNew York Court of Appeals · 1900
- Robinson v. . Consolidated Gas Co.New York Court of Appeals · 1909
- Parker v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1891
- Loehring v. Westlake Construction Co.Missouri Court of Appeals · 1906
- Deiner v. SutermeisterSupreme Court of Missouri · 1915
4 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Stolle v. Anheuser-Busch Inc.Supreme Court of Missouri · 1925
- Cropper v. Titanium Pigment Co.Court of Appeals for the Eighth Circuit · 1931
- Gordon v. Muehling Packing Co.Supreme Court of Missouri · 1931
- Cech v. Mallinckrodt Chemical Co.Supreme Court of Missouri · 1929
- Blair v. GreeneSupreme Court of Alabama · 1945
11 more not listed; retrieve them via the Exa API.