No specific laws identified for this ruling.
Tennessee Supreme Court reversed a $3,700 jury verdict in favor of an injured minor employee and remanded for a new trial because plaintiff's counsel improperly injected the issue of the employer's liability insurance into the trial despite repeated rulings that such evidence was incompetent.
Appeal from the Circuit Court of the City of St. Louis. —Hon. Thomas G. Hennings, Judge! (1) The petition does not state cause of action. It alleges that appellant maintained an open trapdoor and that deceased, while lawfully on the premises, fell through same. There is no allegation of an invitation. The owner of premises owes no duty-to trespassers or mere licensees to keep the premises in reasonably safe condition. O’Brien v. Western Steel, 100 Mo. 182; Straub v. Soderer, 53 Mo. 38; Schmidt v. Kansas City Distilling Co., 90 Mo. 284; Whittee v. Stifel, 126 Mo. 295; Butz v. Cavan'agh, 137 Mo. 503; Benson v. Baltimore Traction Co., 77 Mo. 535; Sterger v. Yan Sticklen, 132 N. Y. 490; McG-ill v. Compton, —111. 327; Evansville v. Terre Haute R. R., 100 Ind. 221; Muench v. Heinemann, 96 N. W. (Wis.) 800; Ryerson v. Bathgate, 51 Atl. 708; Manning v. Railroad, 16 L. R. A. 271; Redigan v. Railroad, 14 L. R. A. 276, (2) (a) The peremptory instruction asked by appellant should have been given. While there was testimony that appellant was to receive a portion of the receipts of the firm of Wilson & Jones, there was no evidence that appellant was to take any part in the business of said firm or share the losses thereof. Therefore, there was no partnership relation between the firm of Wilson & Jones and appellant. Maclrie v. Mott, 146 Mo. 230; Sille Hardware & Iron Co. v. McCleverty, 89 Mo. App. 154; Mulholland v. Rapp, 50 Mo. 42; Bank of Odessa v. Jennings, 18 Mo. App. 65; Hansom v. Jones, 20 Mo. App. 595; Weise v. Moore, 22 Mo. App. 530 ; Hach v. Hill, 160 Mo. 18; Lockhart y. Forsythe, 49 Mo. App. 654; Ileyerle v. Hunt, 50 Mo. App. 541. (b) The firm of Wilson & Jones, while operating on the stage of appellant’s theater, was operating as an independent contractor, and appellant was not liable for any negligence on the part of said firm. Burns v. McDonald, 57 Mo. App. 599; Kaiser v. Suppe, 133 Mo, App. 29; Burnes v. Railroad, 129 Mo. 41; Byre v. Jordan, 111 Mo. 428. (
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