Steinhauser v. Spraul
Decision Date | 04 December 1894 |
Citation | 127 Mo. 541,28 S.W. 620 |
Parties | STEINHAUSER v. SPRAUL. |
Court | Missouri Supreme Court |
Action by Anna Steinhauser against Anna M. Spraul for personal injuries. Judgment was rendered for plaintiff, and defendant appeals. Reversed.
Action for damages. The substantial portion of the petition is as follows: The answer was in effect a general denial, coupled with a plea of contributory negligence. The reply was also in substance a general denial of the allegations of the answer.
Plaintiff's testimony is substantially this:
There was evidence that, immediately after the accident, defendant sent another female servant after the pigeons, and that she went up the same ladder and got them. There was evidence, also, that other servants had used the same ladder in getting pigeons down from the loft; that Erwin Spraul, the deceased husband of defendant, had the new ladder made; that after plaintiff had fallen, as aforesaid, defendant had ordered the top of the ladder to be cut off, which was done; that the ladder was higher than the big shed; that the bottom of the opening into the shed where the pigeons were was 11 feet 1 inch; that plaintiff's father, some six weeks before she fell, had told defendant that the ladder "was dangerous," but did not say in what respect; that the main shed was 16 feet 2½ inches high, and the lower shed was 12 feet 10 inches high, and distant about 11 inches from the taller shed, where the pigeons were. At the close of evidence for plaintiff, defendant asked an instruction in the nature of a demurrer to the evidence, which was refused. Thereupon, on part of defendant, evidence of one witness was introduced that plaintiff said to her a short time after the accident: Another witness testified that he asked plaintiff about the matter: Two other witnesses testified to similar statements made by plaintiff as that testified to by the first witness for the defense. Part of this testimony plaintiff denied, to wit, that she admitted she had said it was her own fault, and she did not blame anybody; but as to the testimony of two witnesses that she had "made humbug in the yard," etc., she merely said, "I do not remember talking about this accident," etc. Defendant testified that plaintiff was making fun with Susan (the other hired girl) by putting her foot out, and while making fun made a false step and fell. This testimony of defendant's was not denied by plaintiff. Defendant also testified that on one occasion she ...
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