Hagan v. Gibson Mining Co.
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Hon. Hugh Dabbs, Judge. (1) The plaintiff and Votow were fellow-servants as to the work in which they were engaged in connection with the platform, and a verdict for defendant should have been instructed. “It is the character of the act itself that determines the relation of the actor to injured servant.” Stephens v. Lumber Co., 110 Mo. App. 398; Fogarty v. Transfer Co., 180 Mo. 490; Rigsby v. Oil Well Supply Co., 115 Mo.
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Appeal from Jasper Circuit Court. — Hon. Hugh Dabbs, Judge. (1) The plaintiff and Votow were fellow-servants as to the work in which they were engaged in connection with the platform, and a verdict for defendant should have been instructed. “It is the character of the act itself that determines the relation of the actor to injured servant.” Stephens v. Lumber Co., 110 Mo. App. 398; Fogarty v. Transfer Co., 180 Mo. 490; Rigsby v. Oil Well Supply Co., 115 Mo. App. 297. (2) The instruction for plaintiff is erroneous, (a) Because of its unnecessary length it could only confuse the jury. B’ane v.…
1Opinion of the CourtEllison, J.
Plaintiff, a young man about twenty-one years of age, suffered personal injury by having one- of his legs scalded while engaged in the service of defendant. He charged the injury to defend*389ant’s negligence and brought this action therefor. He recovered judgment in the trial court.
The defendant is a mining company and plaintiff and his foreman, named Votow, were engaged at work at the bottom of a shaft. They had constructed a platform covered with boards which stood some two feet or more above the bottom of the shaft. Drilling was being done with a steam drill, the exhaust for which was under…
2Cases cited7 opinions
- Hollweg v. Bell Telephone Co.Supreme Court of Missouri · 1906
- McMurdock v. KimberlinMissouri Court of Appeals · 1886
- Kolb v. St. Louis Transit Co.Missouri Court of Appeals · 1903
- Fox v. Jacob Dold Packing Co.Missouri Court of Appeals · 1902
- Hunt v. Desloge Consolidated Lead Co.Missouri Court of Appeals · 1904
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3Cited by4 opinions
- Thompson v. City of LamarSupreme Court of Missouri · 1929
- M & a Electric Power Cooperative v. TrueMissouri Court of Appeals · 1972
- Platt v. City of Rapid CitySouth Dakota Supreme Court · 1940
- KAMO Electric Co-operative, Inc. v. EarnestMissouri Court of Appeals · 1955