Seitz v. Pelligreen Construction & Investment Co.
Missouri Court of Appeals
Appeal from the Circuit Court of the City of St. Louis. —Hon. George H. Shields, Judge. (1) The allegations of the petition were insufficient to admit evidence of statutory or ordinance violation. There is no act of the defendant pleaded, only (Abs., pp. 1, 2 and 3) that the defendant was in charge of the erection of a building and in exclusive control of all parts of it, and on which plaintiff was employed.
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Appeal from the Circuit Court of the City of St. Louis. —Hon. George H. Shields, Judge. (1) The allegations of the petition were insufficient to admit evidence of statutory or ordinance violation. There is no act of the defendant pleaded, only (Abs., pp. 1, 2 and 3) that the defendant was in charge of the erection of a building and in exclusive control of all parts of it, and on which plaintiff was employed. All the circumstances essential to support the action must be alleged, or in substance appear on the face of the declaration (citing authorities). Kennayde v. Railroad, 45 Mo. 255 ;…
1Opinion of the CourtReynolds, P. J.
Action for damages alleged to have been sustained by plaintiff while in the employ of' the defendant.
The petition alleges that defendant was in charge, and in the exclusive control of the erection of a building on Fourth near Vine street, in the city of St. Louis, and’that on or about November 30, 1917, while plaintiff was in the employ of defendant, and doing carpentér work on the third floor of the building, plaintiff was “by reason of the negligence of the defendant, struck by a piece of building, or other, material, with great force and violence, which fell from a floor above the third…
2Cases cited7 opinions
- Bragg v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1905
- Wampler v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Missouri · 1916
- Bailey v. Kansas CitySupreme Court of Missouri · 1905
- Mulderig v. St. Louis, Kansas City & Colorado RailroadMissouri Court of Appeals · 1906
- Fisher v. GolladayMissouri Court of Appeals · 1889
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3Cited by2 opinions
- Neal v. Twelfth & Grand Avenue Building Co.Missouri Court of Appeals · 1934
- State ex rel. Pelligreen Construction Co. v. ReynoldsSupreme Court of Missouri · 1919