Legal Opinion

Wendler v. People's House Furnishing Co.

Supreme Court of Missouri

Decided December 3, 1901PublishedCited by 55 opinions

Appeal from St. Louis County Circuit Court — Hon. Rudolph Ilirzel, Judge. (1) The court should have sustained the demurrer to the evidence as, under the pleadings and evidence, the plaintiff was not entitled to recover for the reasons: First.

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Appeal from St. Louis County Circuit Court — Hon. Rudolph Ilirzel, Judge. (1) The court should have sustained the demurrer to the evidence as, under the pleadings and evidence, the plaintiff was not entitled to recover for the reasons: First. Because the plaintiff had been working at that place and using that elevator for eighteen months prior to the accident; the conditions were the same when he entered the defendant’s employ as when he was hurt, and had been the same during the intervening time; he was a man of mature years, the conditions complained of and the risks and dangers incident…

1Opinion of the Court

In Division One.

VALLIANT, J.

William Wendler, the original plaintiff, was a cabinetmaker in' the employ of defendant corporation and sued to recover damages for personal injuries sustained by him in falling through an elevator-opening in defendant’s establishment.

The building in which defendant conducted its business was on the east side of Broadway in St.' Louis, fronting west, and was one hundred and thirty-five feet from front to rear. In the rear forty-five feet on the first floor there was walled off a shipping room, the partition vralls of which were composed partly of wood and partly of…

Also in this document: Per curiam.

2Cases cited5 opinions

  1. Blanton v. DolbSupreme Court of Missouri · 1891
  2. Murray v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
  3. Settle v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1895
  4. Brannock v. ElmoreSupreme Court of Missouri · 1893
  5. Pauck v. St. Louis Dressed Beef & Provision Co.Supreme Court of Missouri · 1901

3Cited by55 opinions

  1. Curtis v. McNairSupreme Court of Missouri · 1903
  2. Sluder v. St. Louis Transit Co.Supreme Court of Missouri · 1905
  3. Koerner v. St. Louis Car Co.Supreme Court of Missouri · 1908
  4. Higgins v. Terminal RR Ass'n of St. LouisSupreme Court of Missouri · 1951
  5. Charlton v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1906

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