Andrus v. Bradley-Alderson Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. William, B. Teasdale, Judge. (1) Tbe Bradley-Alderson Company, as tbe plaintiff knew, bad no control over tbe elevator, tbe machinery connected with it, tbe shaft or tbe safety gates, and was therefore, as the plaintiff knew, without poAver to alter, change or repair any of the parts thereof. Having no control, under tbe law, it was under no' duty to make repairs and alterations.
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Appeal from Jackson Circuit Court. — Hon. William, B. Teasdale, Judge. (1) Tbe Bradley-Alderson Company, as tbe plaintiff knew, bad no control over tbe elevator, tbe machinery connected with it, tbe shaft or tbe safety gates, and was therefore, as the plaintiff knew, without poAver to alter, change or repair any of the parts thereof. Having no control, under tbe law, it was under no' duty to make repairs and alterations. McGinley v. Trust Co., 168 Mo. 257; Roddy v. Railroad, 104 Mo-. 234; 1 Labatt on Master and Servant, p. 362; Troth v. Norcross, 111 Mo. 630; Channon y. Sanford Co., 70 Conn.…
1Opinion of the CourtEllison, J.
Plaintiff, who was an employee of defendant, was injured while in performance of his duties. The injury was caused by his falling down an elevator shaft. He sued the defendant for the damage received and prevailed in the trial court.
*324It appears that the M. Rumely Company owned a large building in Kansas City consisting of six stories and a basement. That it reserved to' its own use the basement and the first and sixth floors, and that it rented the remaining rooms and floors to various parties,, among them this defendant, who occupied the entire third floor, in which it stored buggies and…
2Cases cited8 opinions
- Ahern v. . SteeleNew York Court of Appeals · 1889
- McGinley v. Alliance Trust Co.Supreme Court of Missouri · 1902
- Channon v. Sanford Co.Supreme Court of Connecticut · 1898
- Hughes v. Malden & Melrose Gas Light Co.Massachusetts Supreme Judicial Court · 1897
- Leonard v. Chicago & Alton Railway Co.Missouri Court of Appeals · 1893
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3Cited by9 opinions
- Lambert Ex Rel. Lambert v. JonesSupreme Court of Missouri · 1936
- Miller v. GeeserMissouri Court of Appeals · 1915
- Aiken v. Sidney Steel Scraper Co.Missouri Court of Appeals · 1917
- Dailey v. VoglMissouri Court of Appeals · 1915
- Morelock v. DegrawMissouri Court of Appeals · 1937
4 more not listed; retrieve them via the Exa API.