Batesell v. American Zinc, Lead & Smelting Co.
Missouri Court of Appeals
Appeal from Jasper County Circuit Court, Division Number One. — Eon. Joseph D. Perkins, Judge. (1) The court erred in excluding legal and competent evidence offered by tlie plaintiffs. Overby v. Min. Co., 144 Mo. App. 363; Crane v. Railroad, 87 Mo. 595-596; Deeds v. Railroad, 157 Mo. App. 464; Railroad -v. Wright, 115 Ind. 378, 16 N. E. 145, and 17 N. E. 584; Peerless Mfg. Co. v. Denham, 15 Ely. Law, 95; Walsh v. Chicago, 94 111. App. 311; Schiller v. Breweries Co., Í56 Mo.
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Appeal from Jasper County Circuit Court, Division Number One. — Eon. Joseph D. Perkins, Judge. (1) The court erred in excluding legal and competent evidence offered by tlie plaintiffs. Overby v. Min. Co., 144 Mo. App. 363; Crane v. Railroad, 87 Mo. 595-596; Deeds v. Railroad, 157 Mo. App. 464; Railroad -v. Wright, 115 Ind. 378, 16 N. E. 145, and 17 N. E. 584; Peerless Mfg. Co. v. Denham, 15 Ely. Law, 95; Walsh v. Chicago, 94 111. App. 311; Schiller v. Breweries Co., Í56 Mo. App. 569; Brunke v. Tel. Co., 115 Mo. App. 36; Hunt v. McNamee, 141 Fed. 293; Holland v. Railroad, 91 Ala. 444,12 L. R.…
1Opinion of the CourtFarrington, J.
During the early hours of the night of August 21, 1912, Adrian C. Batesel, a shoveler in defendant’s mine number 3 in Jasper county, who was then about twenty-six years'of age, was fatally injured while attempting to explode a stick of dynamite. His widow brought this suit for damages as guardian and curator of his minor children. At the close of all the plaintiffs’ evidence the court gave a peremptory instruction to find for the defendant, whereupon plaintiffs took a nonsuit with leave, and they have now appealed from an order overruling their motion to set aside the nonsuit.
It is alleged…
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2Cases cited25 opinions
- Coombs v. New Bedford Cordage Co.Massachusetts Supreme Judicial Court · 1869
- Mather v. RillstonSupreme Court of the United States · 1895
- St. Louis Cordage Co. v. MillerCourt of Appeals for the Eighth Circuit · 1903
- Mundle v. Hill Manufacturing Co.Supreme Judicial Court of Maine · 1894
- Millar v. Madison Car Co.Supreme Court of Missouri · 1895
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3Cited by2 opinions
- Crane v. Kansas City Southern Railway Co.Missouri Court of Appeals · 1918
- Batesell v. American Zinc, Lead & Smelting Co.Supreme Court of Missouri · 1918