Reports of Cases Determined in the Supreme Court of the State of Missouri Volume 282
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. 1921 edition. Excerpt: ...150 Mo. 626; Johnson v. Fecht, 185 Mo. 335; Epstein v. Railroad Co., 250 Mo. 7. ( 2) The settlement and release were fraudulently obtained and should be set aside, ( 3) "The circuit court properly denied defenda.nt's requet for peremptory instructions. (a) The Court of Appeals in the Boten case said: "The danger to plaintiff arose not from the general liability of the building to fall, but from a defective condition at one place known to defendant. and unknown to 'plaintiff; and defendant, _with. out remedving said defect assured plaintiff it was safe.." Boten v. Ice Co.. 180 Mo. App. 101. (b) The parties were not on eoualitv in this situation. Defendant was obliged _ to s.earch for defectsin order to discover whether it was a safe. and prudent thing to order inexperienced bovs into such a.place.Gutridge v. Mo.Pac. Rv. Co...105 'Mo.520; Nicl1old.s v. Plate Glass Co.. 126 Mo. 65: Clark v. Tron Co., 234 Mo. 454.: Codv v. Luck. 187 Mo. App. 337. (3) Wheii an appliance is old it requires careful inspection, and tl' ii.-master is not justified in relying upon merelv an inspec"_-tion, bv his eves. Pendegrass v. Railroad. 179 Mo. Arm. 531: Nowotnv v. Brewing Assn... 1.85 Mo. A-op. 718; Spaulding v. Lumber C'-0.. 183 Mo. App. 656.-(d) Plain tifi was justified in relying upon the assurance of defendant 's president. Sullivan v. Railroad, 107 Mo. 66; Swearingen v. Mining Co., 212 Mo. 538. (4) The court properly refused defendant's instruction 7. The instruction cast the entire burden of proof upon the plaintiff. There was an issue of contributory negligence upon which the burden was upon the defendant. Lane v. Railroad, 132 Mo. 18; Thompson v. Railroad, 51 Mo. 192; Mitchell v. City of...
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