Nugent v. Kauffman Milling Co.
Supreme Court of Missouri
Appeal from St. Louis County Circuit Cowrt. — Hon. Rudolph Hiezel, Judge. (1) Defendant’s instruction in the nature of a demurrer to the evidence should have been given. “If the risk is perfectly obvious to the sense of any man, ■whether servant or master, the servant assumes the risk.”
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Appeal from St. Louis County Circuit Cowrt. — Hon. Rudolph Hiezel, Judge. (1) Defendant’s instruction in the nature of a demurrer to the evidence should have been given. “If the risk is perfectly obvious to the sense of any man, ■whether servant or master, the servant assumes the risk.” Keegcm v. Kavanaugh, 62 Mo. 230;- Aldrich v. Furnace Go., 78 Mo. 559; Renfro v. Railroad, 86 Mo. 302; Jackson v. Railroad, 104 Mo. 448; Alcorn v. Railroad, 108 Mo. 81; Railroad v. Trimble, 35 N. E. Rep. 716; Pa. Co. v. Congdon, 134 Ind. 226; Macldin v. Company, 58 N. W. Rep. 999; Hickey o. Taajfe, 105 N. Y.…
1Opinion of the CourtRobinson, J.
This is an action for damages resulting from personal injuries received by plaintiff while working as an assistant in defendant’s flouring mills in the city of St. Louis.
The petition grounds plaintiff’s cause of action upon the facts that he was negligently commanded by one Porter, the agent of defendant, and at that time in control of defendant’s mill, to. feed the sweepings of defendant’s mill into a certain roller or crushing machine therein; that the work was extra hazardous to the work for which plaintiff was employed, and that defendant’s agent and managers well knew the work was…
2Cases cited1 opinion
- Kelsay v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1895
3Cited by31 opinions
- Clark v. Atchison & Eastern Bridge Co.Supreme Court of Missouri · 1933
- Groth v. ThomannWisconsin Supreme Court · 1901
- George v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1910
- Spiro v. St. Louis Transit Co.Missouri Court of Appeals · 1903
- Brady v. Kansas City, St. Louis & Chicago RailroadSupreme Court of Missouri · 1907
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