Herbert v. Mound City Boot & Shoe Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. John A. Talty, Judge. statement oe the case. George Herbert- was a boy eighteen years old at the time the accident occurred which forms the basis of this action. He was employed by the appellant in a shoe factory, his duty being the operation of a machine known as a heel compressor. This machine was used for pressing heels and was run by steam power.
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Appeal from St. Louis City Circuit Court. — Hon. John A. Talty, Judge. statement oe the case. George Herbert- was a boy eighteen years old at the time the accident occurred which forms the basis of this action. He was employed by the appellant in a shoe factory, his duty being the operation of a machine known as a heel compressor. This machine was used for pressing heels and was run by steam power. It was provided with a mold into which the operator first placed the leather, he then pressed down a treadle with his foot and this caused a steel plunger to come down on the leather, thereby…
1Opinion of the CourtGoode, J.
I. The petition states a good cause of action, notwithstanding the omission of an allegation that plaintiff had no knowledge of the defect which caused his injuries. Fisher v. Central Lead Co., 156 Mo. 479.
II. It is not always necessary, in order to hold a master liable at the suit of a servant for an injury resulting from a defective appliance which he had furnished the servant to work with, to prove the master had actual knowledge of the defect. It is sufficient if the evidence shows he might, by the exercise of ordinary care, have acquired knowledge of it in time to put the appliance in a…
2Cases cited9 opinions
- Huhn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Settle v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1895
- Hamilton v. Rich Hill Coal Mining Co.Supreme Court of Missouri · 1891
- Crane v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1885
- Nugent v. Kauffman Milling Co.Supreme Court of Missouri · 1895
4 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Lee v. St. Louis, Memphis & Southeastern RailroadMissouri Court of Appeals · 1905
- Saller v. Friedman Bros. Shoe Co.Missouri Court of Appeals · 1907
- Malkmus v. St. Louis Portland Cement Co.Missouri Court of Appeals · 1910
- Wilks v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1911
- Adolff v. Columbia Pretzel & Baking Co.Missouri Court of Appeals · 1903
7 more not listed; retrieve them via the Exa API.