Slagel v. Chas. H. Nold Lumber Co.
Missouri Court of Appeals
Appeal from Buchanan Circuit Court. — Hon. L. J. Eastin, Judge. When the facts are disputed, or undisputed, if different minds might honestly draw different conclusions from them, the case should properly be left to the jury, and in order to withdraw a case from the jury the facts should not only be undisputed, but the inference to be drawn from the facts must also be undisputed.
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Appeal from Buchanan Circuit Court. — Hon. L. J. Eastin, Judge. When the facts are disputed, or undisputed, if different minds might honestly draw different conclusions from them, the case should properly be left to the jury, and in order to withdraw a case from the jury the facts should not only be undisputed, but the inference to be drawn from the facts must also be undisputed. McLain v. Railroad, 100 Mo. 284; Cliouquette v. Barada, 28 Mo. 491; Baldwin v. Springfield, 141 Mo. 205. Where a servant apprehends that his place of work is unsafe, but relies upon the master’s assurance that it is…
1Opinion of the CourtEllison, J.
— This action is for personal injury. Defendant was the owner of a lumber yard and in the prosecution of the business was engaged in the hauling of large loads of lumber from the yard, the plaintiff being one of his teamsters. On the forenoon of the 7th of April he was driving a gentle team with a large load of lumber out of the yard and in doing so it was necessary to drive under a shed and out at an opening. The joist at the point in controversy supporting the roof of the shed, was eight feet and six inches above the ground. The top of the load of lumber was seven feet and three inches…
2Cases cited5 opinions
- Blundell v. Wm. A. Miller Elevator Manufacturing Co.Supreme Court of Missouri · 1905
- Mathis v. Kansas City Stock Yards Co.Supreme Court of Missouri · 1904
- State v. CrosswhiteSupreme Court of Missouri · 1906
- Meyers v. O'Bear-Nestor Glass Co.Missouri Court of Appeals · 1908
- Pulley v. Standard Oil Co.Missouri Court of Appeals · 1909
3Cited by3 opinions
- Fishang v. Eyermann Contracting Co.Supreme Court of Missouri · 1933
- Perkins v. Schmit Construction Co.Supreme Court of Iowa · 1932
- Russell v. JohnsonSupreme Court of Missouri · 1941