Strode v. Columbia Box Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Daniel G. Taylor, Judge, (1) The court erred in sustaining a demurrer to the evidence at the close of the evidence for plaintiff. The demurrer to the evidence admits the truth of every fact which the evidence tends to prove, an axiom of decision in this State.
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Appeal from St. Louis City Circuit Court. — Hon. Daniel G. Taylor, Judge, (1) The court erred in sustaining a demurrer to the evidence at the close of the evidence for plaintiff. The demurrer to the evidence admits the truth of every fact which the evidence tends to prove, an axiom of decision in this State. Wilson v. Board of Educa- ' tion, 63 Mo. 140; Strauchon v. Railroad, 232 Mo. 595. • (2) If a fair mind may draw inferences from the evidence as tending to establish the issue, the case should go to the jury — another settled rule of decision. Eckhard v. Railroad, 190 Mo. 611; Powers v.…
1Opinion of the Court
BROWN, C.
This is an action to recover. damages on account of injuries to plaintiff, an employee in defendant’s box factory in St. Louis, from being struck on the head by a broken belt while operating a wood matching machine in the factory. At the close of the plaintiff’s evidence the court instructed peremptorily for the defendant. This appeal is taken from the judgment of non-suit forced upon plaintiff by this action, and, which, upon motion duly filed with leave, it refused to set aside.
The plaintiff was employed in operating a wood working machine, called a matcher, in the basement. The…
2Cases cited6 opinions
- Lohmeyer v. St. Louis Cordage Co.Supreme Court of Missouri · 1908
- Beave v. St. Louis Transit Co.Supreme Court of Missouri · 1908
- Lore v. American Manufacturing Co.Supreme Court of Missouri · 1901
- Newlin v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1909
- Bair v. HeibelMissouri Court of Appeals · 1903
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Stein v. Battenfield Oil & Grease Co.Supreme Court of Missouri · 1931
- Phillips v. Hamilton Brown Shoe Co.Missouri Court of Appeals · 1914
- Dalton v. St. Louis Smelting & Refining Co.Missouri Court of Appeals · 1915
- Turner v. Tyler Land & Timber Co.Missouri Court of Appeals · 1915
- National Enameling & Stamping Co. v. ZirkovicsCourt of Appeals for the Eighth Circuit · 1918
4 more not listed; retrieve them via the Exa API.