Bromley v. Hudson Lumber Co.
Missouri Court of Appeals
Appeal from Greene Circuit Court.—Hon. James T. Neville, Judge. (1) It is no defense in this case for respondent to say that tbe danger was patent and open to observation. Tbe evidence shows that appellant, on account of bis youth, and inexperience, did not understand and appreciate the nature and extent of the danger. 20 Am. and Eng. Ency. of Law (2 Ed.), 98; Goins y. Railroad, 37 Mo. App. 221; Dowling y. Allen, 74 M'o. 13; Dowling y.
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Appeal from Greene Circuit Court.—Hon. James T. Neville, Judge. (1) It is no defense in this case for respondent to say that tbe danger was patent and open to observation. Tbe evidence shows that appellant, on account of bis youth, and inexperience, did not understand and appreciate the nature and extent of the danger. 20 Am. and Eng. Ency. of Law (2 Ed.), 98; Goins y. Railroad, 37 Mo. App. 221; Dowling y. Allen, 74 M'o. 13; Dowling y. Allen, 102 Mo. 213. (2) The law makes respondent liable for an injury brought about by the incompetency of the foreman, when such incompetency was so notorious…
1Opinion of the CourtBland, P. J.
(after stating the facts).—1. The main question in the case is to determine whether or not plaintiff made out a prima-facie case of negligence against defendant as alleged in his petition. The evidence shows that the cars were equipped with rods at their sides, by which one on'the ground could raise the brake pin to let the couplings come together, and that, ordinarily, Doss, when he wished to couple cars on the switch raised the pins by means of the rods before the car or cars were started down the grade; it shows that plaintiff had never coupled cars, and had never been shown or instructed…
2Cases cited9 opinions
- McGrath v. St. Louis Transit Co.Supreme Court of Missouri · 1906
- James v. Mutual Reserve Fund Life Ass'nSupreme Court of Missouri · 1899
- Feary v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1901
- Chitty v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1899
- McManamee v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1896
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3Cited by1 opinion
- Thornton v. American Zinc, Lead & Smelting Co.Missouri Court of Appeals · 1914