Courter v. Tootle
Missouri Court of Appeals
Appeal from Buchanan Circuit Court. — Eon. Ghesley A. Mosman, Judge. (1) The plaintiff’s case, both upon the pleadings and upon his evidence, is founded on negligence, and the burden of proof is on him throughout the trial to prove it. Dowell v. Guthrie, 116 Mo. 654; Ryan v. Mc-Cully, 123 Mo. 636; Glasscock v. Dry Goods Co., 106 Mo. App. 663; Yarnell v. Railway, 113 Mo. 580. (2) And it is a question of law whether the evidence tends to prove such negligence in this case.
Read the full summary
Appeal from Buchanan Circuit Court. — Eon. Ghesley A. Mosman, Judge. (1) The plaintiff’s case, both upon the pleadings and upon his evidence, is founded on negligence, and the burden of proof is on him throughout the trial to prove it. Dowell v. Guthrie, 116 Mo. 654; Ryan v. Mc-Cully, 123 Mo. 636; Glasscock v. Dry Goods Co., 106 Mo. App. 663; Yarnell v. Railway, 113 Mo. 580. (2) And it is a question of law whether the evidence tends to prove such negligence in this case. Ryan v. Mc-Cully, supra; Glasscock v. Dry Goods Co., supra; Gurley v. Railroad, 104 Mo. 223; Dowell v. Guthrie, supra;…
1Opinion of the CourtBroaddus, P. J.
This is a suit against defendant, a corporation engaged in the wholesale dry goods business, for damages alleged to have been the result of defendant’s negligence.
On or about the 20th day of April, 1906, the plaintiff was engaged with three other employees in unloading from a car crates of linoleum and storing them in defendant’s warehouse. These crates were twelve feet long, fourteen inches in diameter and weighed from five hundred and fifty to seven hundred pounds. They were constructed by using two pine boards, each fourteen inches square, one at each end of a roll of linoleum. The ends of…
2Cases cited3 opinions
- Glasscock v. Swafford Bros. Dry Goods Co.Missouri Court of Appeals · 1904
- Ryan v. McCullySupreme Court of Missouri · 1894
- Beckman v. Anheuser-Busch Brewing Ass'nMissouri Court of Appeals · 1903
3Cited by4 opinions
- Dickinson v. JenkinsMissouri Court of Appeals · 1910
- Braden v. Friedrichsen Floor & Wall Tile Co.Missouri Court of Appeals · 1929
- Fleeman v. Bemis Bros. Bag Co.Missouri Court of Appeals · 1911
- Gunning v. J. R. Kelley Cooperage Co.Missouri Court of Appeals · 1914