Simpson v. Witte Iron Works Co.
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. Thomas J. Seehorn, Judge. (1) There can be no violation of the belt guarding statute until after notice by the factory inspector. R. S. 1899, sec. 6446; Williams v. Railroad, 233 Mo. 682; Foley v. Machine Works, 149 Mass. 297; Borck v. Bolt & Nut Co., Ill Mich. 133; Kerr v. Brass Mfg.
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Appeal from Jackson Circuit Court. — Hon. Thomas J. Seehorn, Judge. (1) There can be no violation of the belt guarding statute until after notice by the factory inspector. R. S. 1899, sec. 6446; Williams v. Railroad, 233 Mo. 682; Foley v. Machine Works, 149 Mass. 297; Borck v. Bolt & Nut Co., Ill Mich. 133; Kerr v. Brass Mfg. Co., 155 Mich. 191. (2) Even before the Williams decision the Missouri courts held that in order to prove statutory negligence in failing to guard a belt, it must be affirmatively shown that the defendant had reasonable ground to anticipate injury to employees, either in…
1Opinion of the Court
OPINION.
BOND, J.
(after stating the facts as above).—One section of the Factory Act was reviewed and held to be void because its subject-matter was not clearly expressed in the title of the act as prescribed by the Constitution. [Constitution of Missouri, art, 4, sec. 28; Williams v. Railroad, 233 Mo. l. c. 680.] The particular section of the Factory Act then in judgment was the one referring exclusively to the railroad platforms, passageways and other structures on their yards and grounds. It was known as section 20 of the Laws of 1891, p. 162, and is now found in the Revised Statutes of…
2Cases cited1 opinion
- Lore v. American Manufacturing Co.Supreme Court of Missouri · 1901
3Cited by28 opinions
- Cropper v. Titanium Pigment Co.Court of Appeals for the Eighth Circuit · 1931
- Whiteaker v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1913
- Cech v. Mallinckrodt Chemical Co.Supreme Court of Missouri · 1929
- Ozark Border Electric Cooperative v. StacyMissouri Court of Appeals · 1961
- Deiner v. SutermeisterSupreme Court of Missouri · 1915
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