Brashears v. United Iron Works Co.
Missouri Court of Appeals
Appeal from G-reene County Circuit Court. — Ron. Guy D. Kirby, Judge. (1) The court erred in refusing to give defendant’s requested instruction in the nature of a demurrer to the evidence offered at the close of plaintiff’s evidence in chief, and renewed at the close of all the evidence in the case, because plaintiff did not prove that any notice had been given to defendant by the State factory inspector or assistant inspector to pnt guards over the cogwheels on the rattler,…
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Appeal from G-reene County Circuit Court. — Ron. Guy D. Kirby, Judge. (1) The court erred in refusing to give defendant’s requested instruction in the nature of a demurrer to the evidence offered at the close of plaintiff’s evidence in chief, and renewed at the close of all the evidence in the case, because plaintiff did not prove that any notice had been given to defendant by the State factory inspector or assistant inspector to pnt guards over the cogwheels on the rattler, which notice is required by Sec. 7842, R. S. 1909, and without which notice Sec. 7828, R. S. 1909, is not operative nor…
1Opinion of the CourtRobertson, P. J.
Plaintiff sued the defendant in the circuit court of Greene county to recover the sum of $5000 on account of personal injuries received in the plant of the defendant in Springfield, by reason of getting his left hand caught in an unguarded cogwheel of certain machinery called a “rattler,” then being operated by the defendant in its said plant, while placing oil in an oil cup in close proximity to the said cogwheel, and recovered judgment to the amount of $1602.50. The plaintiff based his petition upon section 7828, Revised Statutes 1909. At the conclusion of the testimony the issues were…
Also in this document: Concurrence.
2Cases cited1 opinion
- Williams v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Missouri · 1911
3Cited by6 opinions
- Phillips v. Hamilton Brown Shoe Co.Missouri Court of Appeals · 1914
- Mabe Ex Rel. Mabe v. Gille Manufacturing Co.Missouri Court of Appeals · 1925
- Albrecht v. Shultz Belting Co.Supreme Court of Missouri · 1923
- Tatum v. Crescent Laundry Co.Missouri Court of Appeals · 1919
- Baillod v. Nelson Grain Co.Supreme Court of Kansas · 1915
1 more not listed; retrieve them via the Exa API.