O'Brien v. Western Steel Co.
Supreme Court of Missouri
.Appeal from St. Louis City Circuit Court.—Hon. Shepard Barclay, Judge. (1) The trial court erred in instructing the jury that “under the evidence the plaintiff was not entitled, to recover.” Upon the theory upon which the suit was brought and tried, the appellant was clearly entitled to recover. Corby ». Hill, 4 C. B. (N. S.) Rep. top p. 554, side pp. 556-563; Sweeny r. Railroad, 10 Allen [Mass.] 374; Coreoranr. Holbroolc, 59N.Y. 518; Ryan'r. Fowler, 24 N. Y. 410; Moore r.
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.Appeal from St. Louis City Circuit Court.—Hon. Shepard Barclay, Judge. (1) The trial court erred in instructing the jury that “under the evidence the plaintiff was not entitled, to recover.” Upon the theory upon which the suit was brought and tried, the appellant was clearly entitled to recover. Corby ». Hill, 4 C. B. (N. S.) Rep. top p. 554, side pp. 556-563; Sweeny r. Railroad, 10 Allen [Mass.] 374; Coreoranr. Holbroolc, 59N.Y. 518; Ryan'r. Fowler, 24 N. Y. 410; Moore r. Railroad, 84 Mo. 481; Caughtry r. Woolen Co., 56 N.Y. 124; Birger. Gardiner, 15 Cowan, 306; Wood on Master and Servant…
1Opinion of the CourtBrace, J.
This is an action to recover damages by a mother for the death of her minor son, William O’Brien, an employe of the defendant, who was killed in an elevator on defendant’s premises. At the close of plaintiff ’ s testimony the court gave an instruction that the plaintiff could not recover. She thereupon took a non-suit with leave; her motion to set aside the non-suit having been overruled and judgment rendered for the defendant, she appeals.
Plaintiff’s cause of action is made to appear by the following averments contained in her amended petition: “That on the fifth day of August, 1886, about…
2Cited by15 opinions
- Glaser v. RothschildSupreme Court of Missouri · 1909
- Sievers v. Peters Box & Lumber Co.Indiana Supreme Court · 1898
- Wise v. AckermanCourt of Appeals of Maryland · 1892
- Kennedy v. PhillipsSupreme Court of Missouri · 1928
- Vargas v. Blue Seal Bottling Works, Ltd.Louisiana Court of Appeal · 1930
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