Monahan v. Kansas City Clay & Coal Co.
Missouri Court of Appeals
Appeal from the Jachson Circuit Court. — Hon. El. L. Soarritt, Judge. ' (1) Whatever the danger, it was a risk incident to the employment. - Plaintiff was foreman of the crew and he knew as much about the condition of the mine as defendant. Watson v. Coal Co., 52 Mo. App. 366, is so nearly in point and reviews the authorities so fully that we need no more than refer to it.
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Appeal from the Jachson Circuit Court. — Hon. El. L. Soarritt, Judge. ' (1) Whatever the danger, it was a risk incident to the employment. - Plaintiff was foreman of the crew and he knew as much about the condition of the mine as defendant. Watson v. Coal Co., 52 Mo. App. 366, is so nearly in point and reviews the authorities so fully that we need no more than refer to it. Jackson v. Railroad, 104 Mo. 448; Thomas v. Railroad, 109 Mo. 187; Galveston & Railroad v. Lempe, 59 Tex. 19; Simmons v. Railroad, 110 111. 340; Anderson v. Winston, 31 Fed. Rep. 528. (2) Questions 1 to 4, inclusive,…
1Opinion of the CourtGtll, J.
This is an action for damages on account of personal injuries received by the plaintiff in Septem*71ber, 1892, while working for defendant in a coal mining shaft, then being sunk near Kansas City. The shaft was six by fourteen feet and had been sunk to the depth of about four hundred feet. At the time of the injury the plaintiff and two others were engaged in excavating at the bottom and were loading the loosened materials into tubs, which were raised to the surface by means of an engine at the mouth of the shaft. Said shaft was divided into three compartments, two for the lowering of the men…
2Cases cited2 opinions
- O'Mellia v. Kansas CitySupreme Court of Missouri · 1893
- Gavisk v. Pacific RailroadSupreme Court of Missouri · 1872
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- Toone v. J. P. O'neill Construction Co.Utah Supreme Court · 1912
- Faulkner v. Mammoth Mining Co.Utah Supreme Court · 1901
- Carter v. BaldwinMissouri Court of Appeals · 1904
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