Rodgers v. Schiele

Decision Date19 April 1910
PartiesRODGERS v. SCHIELE et al.
CourtMissouri Court of Appeals

Appeal from St. Louis Circuit Court; J. Hugo Grimm, Judge.

Action by Catherine Jones Rodgers against Edwin Schiele and others. From a judgment for defendants, plaintiff appeals. Affirmed.

John J. O'Connor, for appellant. Seddon & Holland, for respondents.

GOODE, J.

Defendants are partners, engaged in the business of bottling and selling whisky in St. Louis. Their business involves filtering the whisky, and the filter used by them in their works stood on a platform 6 feet above the floor of a room where plaintiff worked. A part of the appliance was round brass plates, about eight inches in diameter and weighing ten pounds. These were washed now and then, and it was part of plaintiff's duty to assist in washing them, which she did during half of every week. Another employé who took part in this task occasionally was Ann Hagge. The washing was done in this way: Kries Deickman, the foreman, would stand on the platform, hand the disks or plates to plaintiff or Ann Hagge, who would wash and hand them back to Deickman, and he would place them in the filter. Plaintiff was doing the washing on June 15, 1905, with the assistance of the foreman, and in the course of her task was seriously hurt. She handed a plate up to Deickman, whose attention was attracted at the instant by some girl employés 60 feet away in the room, who were laughing, chattering, and gesticulating to Deickman. Their behavior caused him to hesitate a moment before placing the disk in the filter. Meanwhile he held it in his hand and shook it toward the girls, and it dropped from his hand and struck plaintiff on the head. This action was filed for damages against defendants; the theory of recovery being they...

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14 cases
  • Crane v. Foundry Co.
    • United States
    • United States State Supreme Court of Missouri
    • March 29, 1929
  • Kautz v. St. Louis Refrigerator Car Company
    • United States
    • Court of Appeal of Missouri (US)
    • March 2, 1920
    ...... Lee v. Beloit. Bridge Works, 62 Mo. 565, 567; Stephens v. Lumber. Company, 110 Mo.App. 398; Rogers v. Schiele, . 148 Mo.App. 53; Dickinson v. Jenkins, 144 Mo.App. 132; Hawk v. Lumber Company, 166 Mo. 121;. Padgitt v. Iron & Steel Company, 160 Mo.App. ...565, l. c. 567; Stephens v. Deatherage Lumber Co., 110 Mo.App. 398, 86 S.W. 481, l. c. 567, 86 S.W. 481; Rodgers v. Schiele, 148 Mo.App. 53, 127 S.W. 618; Dickinson v. Jenkins, 144 Mo.App. 132, 128 S.W. 280; Hawk v. McLeod Lumber Co., 166. Mo. 121, 65 ......
  • Crane v. Liberty Foundry Co.
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  • Thomas v. American Sash & Door Co.
    • United States
    • United States State Supreme Court of Missouri
    • February 11, 1929
    ...Co., 166 Mo. 121; English v. Rand Shoe Co., 145 Mo.App. 439; Kinser v. Paint Co., 249 S.W. 447; Fink v. Iron Works, 311 Mo. 77; Rodgers v. Schiele, 148 Mo.App. 53; Morin Rainey, 207 S.W. 858; Stephens v. Lumber Co., 110 Mo.App. 398; Clark v. Wheelock, 293 S.W. 456; Chrismer v. Bell Tel. Co.......
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