Seeger v. St. Louis Silver Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Eon. II. D. Wood, Judge. (1) There is no evidence tending to prove that the absence of a brake was the proximate cause of' Seeger’s injury. The circumstances of the accident demonstrate that the injury was due to other causes than defendant’s alleged negligence. Goranssen v. Mfg. Co., 186 Mo. 307; Warner v. Railroad, 178 Mo. 134; Plefka v. Co., 145 Mo. 321; Sexton v. Railroad, 98 Mo. App. 501; Wray v. Co., 68 Mo.
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Appeal from St. Louis City Circuit Court. — Eon. II. D. Wood, Judge. (1) There is no evidence tending to prove that the absence of a brake was the proximate cause of' Seeger’s injury. The circumstances of the accident demonstrate that the injury was due to other causes than defendant’s alleged negligence. Goranssen v. Mfg. Co., 186 Mo. 307; Warner v. Railroad, 178 Mo. 134; Plefka v. Co., 145 Mo. 321; Sexton v. Railroad, 98 Mo. App. 501; Wray v. Co., 68 Mo. App. 390. (2) The doctrine of res ipsa loquitur does not apply to this case: (a) Plaintiff limited his right to recover to a specific act…
1Opinion of the CourtMarshall, J.
— This is an action for $5,000 damages for personal injuries received by the plaintiff on the 25th of November, 1902, by reason of being struck by the falling of a broken piece of a cog wheel on an elevator in the premises occupied by the defendant, at number. 207 Chestnut street in the city of St. Louis. At the close of the whole case the court sustained a demurrer to the evidence, and the plaintiff took a nonsuit with leave. Thereafter the court sustained the motion to set aside the nonsuit, and the defendant appealed.
THE ISSUES.
The petition alleges that at the date of the accident the…
2Cases cited5 opinions
- Haven v. Missouri RailroadSupreme Court of Missouri · 1900
- Graney v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1900
- Moore v. Lindell Railway Co.Supreme Court of Missouri · 1903
- Coleman v. ColeSupreme Court of Missouri · 1900
- Kuenzel v. StevensSupreme Court of Missouri · 1900
3Cited by5 opinions
- Rigby v. St. Louis Transit Co.Missouri Court of Appeals · 1910
- Henry v. TinsleyMissouri Court of Appeals · 1949
- Miles v. HaneyMissouri Court of Appeals · 1915
- Sam Snead School of Golf v. Anchor Casualty Co.Supreme Court of Missouri · 1965
- Watts v. PiersonMissouri Court of Appeals · 1913