Jackson v. Butler
Decision Date | 28 March 1913 |
Citation | 155 S.W. 1071,249 Mo. 342 |
Parties | JACKSON v. BUTLER et al. SAME v. UNIVERSAL ADDING MACH. CO. |
Court | Missouri Supreme Court |
In Banc. Appeal from St. Louis Circuit Court; Matt G. Reynolds, Judge.
Action by Floyd D. Jackson, a minor, by Edward Z. Jackson, his curator, against James J. Butler and the Mercantile Trust Company, as executors of Edward Butler, deceased, and the Universal Adding Machine Company. A demurrer to plaintiff's evidence was sustained, whereupon plaintiff took an involuntary nonsuit, which was later set aside and new trial granted, and defendants appeal. Reversed as to defendants executors, and affirmed and remanded as to defendant the Adding Machine Company.
The plaintiff, a minor, through his curator, filed this action in the circuit court of the city of St. Louis for personal injuries. The court, at the close of plaintiff's evidence, sustained a demurrer thereto, whereupon plaintiff entered an involuntary nonsuit, which nonsuit was, upon the motion of plaintiff, subsequently made, set aside, and a new trial granted as to all the defendants, except Baker & Knell. Said Baker & Knell were original defendants, made such on the theory that they were joint tortfeasors, arising from their being, as architects, in charge of the repair work hereinafter referred to.
Edward Butler was a party defendant at the trial below, but, having since died, the cause was revived against James J. Butler and the Mercantile Trust Company, as executors of his estate. One Daniel Evans, a building contractor for the repairs in question, and employed by a contract with Edward Butler to make the same, was also a party defendant. From the order granting a new trial, defendant Universal Adding Machine Company (hereinafter for convenience called the machine company) and Edward Butler took separate appeals to this court. For convenience, since the case was tried below as a unit, these appeals will be considered here together. Defendant Evans did not appeal from the order granting a new trial and need not have further place in the case here, except in so far as his his acts may affect others.
It is alleged in plaintiff's petition, and shown by the evidence, that on the date on which plaintiff was injured, to wit, August 9, 1907, and for some months prior thereto, defendant machine company was operating a factory in a building owned by defendant Edward Butler in the city of St. Louis, and that in July, 1907, while defendant machine company was thus as tenant...
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