Mihelich v. Mignery
Missouri Court of Appeals
Appeal from Buchanan Circuit Court. — Hon. C. A.’ Mosman, Judge. (1) The only duty resting.on the master in this case was to give timely warning to plaintiff of the shot to be fired. There are a limited number of cases reported in which a quarry employee was injured by rock discharged by a blast.
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Appeal from Buchanan Circuit Court. — Hon. C. A.’ Mosman, Judge. (1) The only duty resting.on the master in this case was to give timely warning to plaintiff of the shot to be fired. There are a limited number of cases reported in which a quarry employee was injured by rock discharged by a blast. We have been unable to find any reported case in which the employer was held to any other duty than merely to warn the - employees of the shot about to be fired in time enough to enable them to seek a position of safety. An examination of the following blasting cases, in which the negligence alleged…
1Opinion of the CourtEllison, J.
Plaintiff was an employee of defendant as laborer in her rock quarry near St. Joseph. He was severely and permanently injured by a blast which threw a heavy rock, upon him, and .this action is to recover damages on the ground of negligence charged against defendant’s servants in charge of the operation of the quarry. He recovered judgment in the trial court.
Plaintiff was an experienced workman at rock quarries and had worked at this quarry for seven years. This is an important fact as it serves as a guide to a proper interpretation of much of the evidence. The quarry may, in a general way, be…
2Cases cited4 opinions
- Belleville Stone Co. v. MooneySupreme Court of New Jersey · 1897
- Prash v. Wabash RailroadMissouri Court of Appeals · 1910
- Jacobson v. Hobart Iron Co.Supreme Court of Minnesota · 1908
- Miller v. WalshMissouri Court of Appeals · 1910
3Cited by1 opinion
- Logsdon v. DuncanSupreme Court of Missouri · 1956