Richardson v. Mesker
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — No». Jacob Klein, Judge. (1) The court erred in not permitting the jury to pass upon the evidence. The question of the contributory negligence of the plaintiff was a specific issue in the case, and the jury, and not the court, must determine that question. This is the settled rule in this State where the evidence, although small, tends to support the allegations of the petition- or any material part of the same.
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Appeal from St. Louis City Circuit Court. — No». Jacob Klein, Judge. (1) The court erred in not permitting the jury to pass upon the evidence. The question of the contributory negligence of the plaintiff was a specific issue in the case, and the jury, and not the court, must determine that question. This is the settled rule in this State where the evidence, although small, tends to support the allegations of the petition- or any material part of the same. Foster v. Railroad, 115 Mo. 165; 82 Mo. 276; 88 Mo. 306; 100 Mo. 194. (2) The allegations of the petition and the evidence in support of…
1Opinion of the CourtBrace, P. J.
This is an action for personal injuries to the said Walter Heckel, while in the employ of the defendants Benjamin T. Mesker and Frank Mesker ; in which, at the close of the plaintiff’s evidence the court sustained a demurrer thereto, and the plaintiff took a nonsuit with leave, and the court refusing to set the same aside, the plaintiff appeals. The only evidence in the case except as to the minor’s expectancy of life, was that of the said Walter Heckel, who testified in substance, that on July 6, 1898, he was fifteen years and two months old, was in the employ of the Meskers at their…
2Cases cited3 opinions
- Schaub v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1891
- Grattis v. Kansas City, Pittsburg & Gulf RailroadSupreme Court of Missouri · 1900
- Hawk v. McLeod Lumber Co.Supreme Court of Missouri · 1901
3Cited by8 opinions
- Graczak v. City of St. LouisSupreme Court of Missouri · 1947
- Harper v. Illinois Cent. Ry.Court of Appeals of Kentucky · 1909
- State Ex Rel. Kroger Grocery & Baking Co. v. HaidSupreme Court of Missouri · 1929
- Mathes ex rel. Mathes v. TrumpSupreme Court of Missouri · 1970
- Kautz v. St. Louis Refrigerator Car Co.Missouri Court of Appeals · 1920
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