Strobel v. Gerst Bros. Manufacturing Co.
Missouri Court of Appeals
Appeal from City of St. Louis Circuit Court. — Hon. Matt. G. Reynolds, Judge. (1) Where the defect complained of is not only '‘as obvious and open to the employee as to the employer,” but, so far as it exists at all, such existence is glaring and palpable, recovery is never permitted. Under such circumstances the employee assumes the risk. Bennett v. Lumber Co., 116 Mo. App. 699; Burning v. Me-dart, 56 Mo. App. 448; Marshall v. Hay Press Co., 69 Mo.
Read the full summary
Appeal from City of St. Louis Circuit Court. — Hon. Matt. G. Reynolds, Judge. (1) Where the defect complained of is not only '‘as obvious and open to the employee as to the employer,” but, so far as it exists at all, such existence is glaring and palpable, recovery is never permitted. Under such circumstances the employee assumes the risk. Bennett v. Lumber Co., 116 Mo. App. 699; Burning v. Me-dart, 56 Mo. App. 448; Marshall v. Hay Press Co., 69 Mo. App. 256; Kleine v. Shoe & Clothing Co., 91 Mo. App. 102; Porter v. Railroad, 71 Mo. 1. c. 77; Railroad v. Everett, 152 U. S. 107; Wendall v.…
1Opinion of the CourtReynolds, P. J.
Action by plaintiff to recover damages for personal injuries sustained while in the employ of the defendant, the latter being engaged in the manufacture of architectural iron, carrying on that business in the city of St. Louis, plaintiff at the time of the accident being engaged as a moulder in the establishment. He was at work on the 15th of August, 1907, until about 5 o’clock in the afternoon of that day and in passing from the room in which he was at work, slipped upon some scrap iron lying on the floor of the room through which he was passing and fell, breaking his knee. The petition…
2Cases cited5 opinions
- Fitzgerald v. Connecticut River Paper Co.Massachusetts Supreme Judicial Court · 1891
- McGovern v. Central Vermont R. R.New York Court of Appeals · 1890
- Lore v. American Manufacturing Co.Supreme Court of Missouri · 1901
- Irmer v. St. Louis Brewing Co.Missouri Court of Appeals · 1897
- Dorney v. O'NeillAppellate Division of the Supreme Court of the State of New York · 1901
3Cited by6 opinions
- Colonna Shipyard, Inc. v. BlandSupreme Court of Virginia · 1928
- Rio Bravo Oil Co. v. MatthewsCourt of Appeals of Texas · 1929
- McGinnis v. Hydraulic Press Brick Co.Supreme Court of Missouri · 1914
- Bailey v. Stix, Baer & Fuller Dry Goods Co.Missouri Court of Appeals · 1910
- Riley v. Kendrick Warehouse & Milling Co.Idaho Supreme Court · 1918
1 more not listed; retrieve them via the Exa API.