Schmeizer v. Central Furniture Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Geo. H. Shields, Judge. (1) The court erred in refusing to direct a non-suit and in refusing to give defendant’s instructions, in the nature of demurrers to the evidence, offered at the close of plaintiff’s case and at the close of all the evidence in the case.
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Appeal from St. Louis City Circuit Court. — Hon. Geo. H. Shields, Judge. (1) The court erred in refusing to direct a non-suit and in refusing to give defendant’s instructions, in the nature of demurrers to the evidence, offered at the close of plaintiff’s case and at the close of all the evidence in the case. Ryan v. McCully, 123 M'o. 636; Card v. Eddy, 129 Mo. 510; Jones v. Railroad, 178 Mo. 528; Livengood v. Lead & Zinc Co., 179 Mo. 229; Fogarty v. Transfer Co., 180 Mo. 490; Bokamp v. Railroad, 123 Mo. App. 270. (2) Plaintiff and Kramer were fellow-servants, and the court erred in refusing…
1Opinion of the CourtBland, P. J.
Defendant owns and operates a large furniture factory at No. 2527 St. Louis avenue, in the city of St. Louis. In the rear of the factory is a large yard on which defendant stacks its lumber and other material. In the month of December, 1906, defendant was engaged in reconstructing the interior of the third and fourth floors of its factory, by taking out the old flooring and shelving and substituting new. Such old material as was unfit for use in the construction work was thrown out of the windows into the yard and carried away and piled, or was carried into the furnace room for fuel. During…
2Cases cited7 opinions
- Miller v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Card v. EddySupreme Court of Missouri · 1895
- Glover v. Kansas City Bolt & Nut Co.Supreme Court of Missouri · 1900
- Ryan v. McCullySupreme Court of Missouri · 1894
- Fox v. Jacob Dold Packing Co.Missouri Court of Appeals · 1902
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3Cited by5 opinions
- Logsdon v. DuncanSupreme Court of Missouri · 1956
- Schmelzer v. Central Furniture Co.Supreme Court of Missouri · 1913
- Gale v. Helmbacher Forge & Rolling Mill Co.Missouri Court of Appeals · 1911
- Charles Mems and Elaine Mems v. Dwayne A. LabruyereMissouri Court of Appeals · 2019
- Ryon v. American Car & Foundry Co.Missouri Court of Appeals · 1927