Supreme Court of Missouri October 6, 1925 (Bender v. Kroger Grocery & Baking Co.)

*490

BLAIR, J.

Action in damages by an employee for personal injuries alleged to have been caused through the negligence of his employer. Trial by jury was begun, and, at the close of the plaintiff’s case, the trial court gave an instruction in the nature of a demurrer to plaintiff’s evidence. Thereupon plaintiff took an involuntary nonsuit with leave to move to have same set aside.