Brown v. Hershey Land & Lumber Co.
Missouri Court of Appeals
Appeal from the Howell Circuit Court. — Hon. W. N. Evans, Judge. (1) Th'e evidence failed to support the allegations ■of negligence in the petition, and defendant’s demurrer should have been sustained. Noland v. Shields, 3 Mo. App. 300; Smith v. Railroad, 37 Mo. 292; Holman v. Railroad, 62 Mo. 562; Callahan v. Warne, 40 Mo. 136; Elliot v. Railroad, 67 Mo. 275; Breen v. St. Louis •Cooperage Co., 50 Mo. App. 202; Flynn v. The Union Bridge Co., 42 Mo.
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Appeal from the Howell Circuit Court. — Hon. W. N. Evans, Judge. (1) Th'e evidence failed to support the allegations ■of negligence in the petition, and defendant’s demurrer should have been sustained. Noland v. Shields, 3 Mo. App. 300; Smith v. Railroad, 37 Mo. 292; Holman v. Railroad, 62 Mo. 562; Callahan v. Warne, 40 Mo. 136; Elliot v. Railroad, 67 Mo. 275; Breen v. St. Louis •Cooperage Co., 50 Mo. App. 202; Flynn v. The Union Bridge Co., 42 Mo. App. 536; Jones v. Leager, 2 Dillon, ■68; McMillen v. Railroad, 20 Barb. 449; Searles v. Railroad, 101 N. Y. 661; Hollins v. Brown, 119 N. Y. 188;…
1Opinion of the CourtRombauee, P. J.
The plaintiff in an action for personal injuries recovered a verdict and judgment for $400. The defendant appeals, and assigns for error the refusal of the court to take the case from the jury at the close of plaintiff’s evidence, the giving of erroneous instructions for plaintiff, and the refusal of the court to set aside the verdict as one unsupported by the evidence.
The plaintiff was a laborer in defendant’s sawmill, and was injured in consequence of the breaking of a key to the coupling which held the gang saws together. The cause of the injury is stated in his petition as follows:
“That…
2Cases cited5 opinions
- Bohn v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1891
- Breen v. St. Louis Cooperage Co.Missouri Court of Appeals · 1892
- Flynn v. Union Bridge Co.Missouri Court of Appeals · 1890
- Dutzi v. GeiselMissouri Court of Appeals · 1886
- O'Donnell v. BaumMissouri Court of Appeals · 1889
3Cited by3 opinions
- Wilson v. Kansas City Public Service CompanySupreme Court of Missouri · 1956
- Kelly v. StewartMissouri Court of Appeals · 1902
- Lyman v. DaleMissouri Court of Appeals · 1911