Obermeyer v. Logeman Chair Manufacturing Co.
Missouri Court of Appeals
Appeal from St. Louis County Circuit Court. — Hon. John W. McElhin-ney, Judge. (1) The court erred in refusing to give the peremptory instruction offered by appellant at the close of all the evidence, (a) Because there was no evidence to sustain any. of the allegations of negligence contained in respondent’s petition, (b) Because the evidence clearly showed that the risk or riding on the elevator was assumed by the respondent.
Read the full summary
Appeal from St. Louis County Circuit Court. — Hon. John W. McElhin-ney, Judge. (1) The court erred in refusing to give the peremptory instruction offered by appellant at the close of all the evidence, (a) Because there was no evidence to sustain any. of the allegations of negligence contained in respondent’s petition, (b) Because the evidence clearly showed that the risk or riding on the elevator was assumed by the respondent. Devitt v. Railroad, 50 Mo. 302; Cagney v. Railroad, 69 Mo. 416; Smith v. Railroad, 69 Mo. 32; Price v. Railroad, 77 M'o. 510; Flynn v. Railroad, 78 Mo. 195; Nugent v.…
1Opinion of the CourtBland, P. J.
(after stating the facts).
1. At the close of respondent’s evidence the appellant moved for a peremptory nonsuit which the court refused. This ruling is assigned as error. If the respondent’s evidence shows that the elevator, furnished him was a reasonably safe place to work, or if the evidence, is all one way that respondent himself was guilty of negligence that directly contributed to his injury, he should have been nonsuited.
Webb on Elevators, section 17, says: “Proper care in the construction of freight elevators does not require that they be wholly inclosed or sheathed, and this may be…
2Cases cited20 opinions
- Bassett v. City of St. JosephSupreme Court of Missouri · 1873
- Curtis v. McNairSupreme Court of Missouri · 1903
- Village of Carterville v. CookIllinois Supreme Court · 1889
- Wendler v. People's House Furnishing Co.Supreme Court of Missouri · 1901
- Blundell v. Wm. A. Miller Elevator Manufacturing Co.Supreme Court of Missouri · 1905
15 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- F v. FMissouri Court of Appeals · 1960
- Henry v. the First Nat'l Bk. of Kansas CityMissouri Court of Appeals · 1938
- Ridenour v. Wilcox Mines Co.Missouri Court of Appeals · 1912
- Missouri, K. & T. Ry. Co. of Texas v. CardwellCourt of Appeals of Texas · 1916
- McGinnis v. R. M. Rigby Printing Co.Missouri Court of Appeals · 1906
13 more not listed; retrieve them via the Exa API.