Parsons v. Hammond Packing Co.
Missouri Court of Appeals
Appealed from Buchanan Circuit Court. — How. A. M. Woodson, Judge. (1) “It is well settled that the master may conduct his business in his own way and the employee knowing the hazards of his employment, waives the right to compensation for injuries incidentally resulting therefrom.” Bradley v. Railway, 138 Mo. 293; (2) Whatever danger there, was, was perfectly evident to Parsons and was a risk assumed by him.
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Appealed from Buchanan Circuit Court. — How. A. M. Woodson, Judge. (1) “It is well settled that the master may conduct his business in his own way and the employee knowing the hazards of his employment, waives the right to compensation for injuries incidentally resulting therefrom.” Bradley v. Railway, 138 Mo. 293; (2) Whatever danger there, was, was perfectly evident to Parsons and was a risk assumed by him. Jackson v. Railroad, 104 Mo. 448; Thomas v. Railroad, 109 Mo. 200; Ring v. Railroad, 112 Mo. 220; Junior v. Electric Co., 127 Mo. 79; Lucy v. Oil Co., 127 Mo; 40; Roberts v. Telephone…
1Opinion of the CourtSmith, P. J.
This is an action to recover damages for personal injuries alleged to have been received by plaintiff in consequence of the negligence of the defendant. The substantive facts upon which plaintiff bases his right to recover may be gleaned from the allegations of his petition which are as follows:
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“Second. That plaintiff was in defendant’s employ and his duties were to pack ice about pork tenderloins in boxes. That the ice gave out and plaintiff was ordered by defendant’s foreman, under whose control he was working, to take a certain truck, which he pointed out to plaintiff, and haul ice. That…
2Cases cited15 opinions
- Huhn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Bradley v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Missouri · 1897
- Conroy v. Vulcan Iron WorksSupreme Court of Missouri · 1876
- O'Mellia v. Kansas CitySupreme Court of Missouri · 1893
- Thorpe v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1886
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3Cited by4 opinions
- Ahlstrom v. Minneapolis, St. Paul & Sault Ste. Marie RailroadSupreme Court of Minnesota · 1955
- Brown v. Swift & Co.Nebraska Supreme Court · 1912
- Bradford v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1909
- Baxter v. Campbell Lumber Co.Missouri Court of Appeals · 1914