Durant v. Lexington Coal Mining Co.
Supreme Court of Missouri
Appeal from Lafayette Circuit Court. — Hon. J. P. Strother, Judge. (1) The court erred in overruling defendant’s demurrer to the evidence. The statute (Laws 1881, p. 165) only applies to persons descending into or ascending out of. a shaft and not one who was working down in the shaft.
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Appeal from Lafayette Circuit Court. — Hon. J. P. Strother, Judge. (1) The court erred in overruling defendant’s demurrer to the evidence. The statute (Laws 1881, p. 165) only applies to persons descending into or ascending out of. a shaft and not one who was working down in the shaft. (2) Much of the evidence introduced by plaintiff, over defendant’s objections, went to the policy of the legislature in passing the act in question, and as to whether its provisions in regard to boiler-iron covers to cages were practicable, and not as to whether the requirements of the act had been violated.…
1Opinion of the CourtBlack, J.
This is an action for personal damages sustained by the plaintiff while in the employ of the defendant, a corporation engaged in mining coal. The action is founded upon the act of March 23, 1881. Acts of 1881, p. 165. The act, among other things, provides (section 6): “The owner, agent or operator of every coal mine operated by shaft shall provide suitable means of signaling between the bottom and the top thereof ; and shall also provide safe means of hoisting and lowering persons in a cage covered with boiler iron, so as to keep.safe, as far as possible, persons descending into and ascending…
2Cases cited3 opinions
- Stephens v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1888
- Litchfield Coal Co. v. TaylorIllinois Supreme Court · 1876
- Griffith v. HanksSupreme Court of Missouri · 1886
3Cited by27 opinions
- Narramore v. Cleveland, C., C. & St. L. Ry. Co.Court of Appeals for the Sixth Circuit · 1899
- Davis Coal Co. v. PollandIndiana Supreme Court · 1902
- Lohmeyer v. St. Louis Cordage Co.Supreme Court of Missouri · 1908
- Monteith v. Kokomo Wood Enameling Co.Indiana Supreme Court · 1902
- Lore v. American Manufacturing Co.Supreme Court of Missouri · 1901
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