Cases Determined by the St. Louis, Kansas City and Springfield Courts of Appeals of the State of Missouri Volume 99 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1903 edition. Excerpt: ...with interest at eight per cent after maturity with his costs. A We have noticed only the controlling questions in the case. For reasons given the cause is reversed and remanded. Smith, 'P. J., concurs; Ellison, J., not sitting. NORA REAMES, Respondent, v. JONES DRY 1. GOODS COMPANY, Appellant. Kansas City Court of Appeals, April 6, 1903. Master and Servant: WORKING PLACE: CLERKS WAITING IN COLD FOR ADMISSION: JURY QUESTION. What is a reasonably safe place to work, where the evidence is conflicting, is always a. question for the jury, but where the evidence is all one way the question is for the court; and the evidence relating to a clerk waiting for the door to open for admission is reviewed and SMITH, P. J., holds the question should go to the jury, but ELLISON, J., Bnomnns, J., concurring, holds that the evidence does not make a case.: NEGLIGENCE: EFFECT OF WEATHER: SENSATION: NOTICE. SMITH, P. J., holds that the risk of inclement weather can not defeat an action if the danger was not so patent as to threaten immediate injury or it was reasonable to suppose it could be endured with safety, and that if different persons would draw different inferences and the knowledge of the servant was equal to that of the master, the action would not be defeated and the case should go to the jury; ELLISON, J., Bnoxnous, J., concurring, holds that the servant is presumed to have knowledge equal if not superior to his employer of the efi'ect of cold, and his own temperament is better known to him than any one else, and his sensations sound the alarm to himself.:: INSTRUCTIONS: EXCLUDING FACTS: ALL ONE CHARGE. Where an instruction excludes points raised by the evidence it may be cured by others modifying it as fairly to bring the attention...