Heightman v. Sammons
Missouri Court of Appeals
Appeal from Jackson Circuit Court.—Son. John G. Parle, Judge. There being evidence on the part of defendant tending to prove that plaintiff improperly used the machine this was contributory negligence and the defendant had the right to have same submitted to the jury without the limitation imposed by the insertion of the word “alone.” Cyclopedia of Law and Procedure (Cye.). Title Master and Servant, p. 1260; Holmes v. Bramdenbaugh, 172 Mo. 58; Moran v. Brown, 27 Mo.
Read the full summary
Appeal from Jackson Circuit Court.—Son. John G. Parle, Judge. There being evidence on the part of defendant tending to prove that plaintiff improperly used the machine this was contributory negligence and the defendant had the right to have same submitted to the jury without the limitation imposed by the insertion of the word “alone.” Cyclopedia of Law and Procedure (Cye.). Title Master and Servant, p. 1260; Holmes v. Bramdenbaugh, 172 Mo. 58; Moran v. Brown, 27 Mo. App. 487; Railroad v. Daniels, 73 Miss. 258, 19 So. 830’; Beach on Contributory Negligence, sec. 26; Thompson, Commentaries on…
1Opinion of the CourtEllison, J.
Plaintiff was an employee of defendant and Avliile engaged in working a machine called a “jointer,” was severely and.permanently injured. He brought this action for damages, charging that defendant was guilty of negligence in maintaining the machine. He recovered judgment in the trial court for five thou*705sand dollars and afterwards remitted five hundred of that sum.
Defendant’s answer was a general denial and a plea of contributory negligence. As the evidence was of such nature as undoubtedly made the questions of negligence on defendant’s part and contributory negligence on plaintiff’s part…
2Cases cited8 opinions
- Moore v. Lindell Railway Co.Supreme Court of Missouri · 1903
- North Birmingham Street Railway Co. v. CalderwoodSupreme Court of Alabama · 1889
- Hogan v. Citizens' Railway Co.Supreme Court of Missouri · 1899
- Zumault v. Kansas City Suburban Belt RailroadSupreme Court of Missouri · 1903
- Deeds v. Chicago, Rock Island & Pacific R'y Co.Supreme Court of Iowa · 1886
3 more not listed; retrieve them via the Exa API.