Bair v. Heibel
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Nora. N. D. Fisher, Judge. (1) (a) Plaintiff himself clearly testified that he had worked for defendants constantly and daily for three months, saw all the machinery at work, oiled the shafting on .the planer where he was hurt, had been to school, could read and write, and had worked for other people for some time before the accident.
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Appeal from St. Louis City Circuit Court. — Nora. N. D. Fisher, Judge. (1) (a) Plaintiff himself clearly testified that he had worked for defendants constantly and daily for three months, saw all the machinery at work, oiled the shafting on .the planer where he was hurt, had been to school, could read and write, and had worked for other people for some time before the accident. Just prior to that time he knew there was danger of getting his hands and person in contact< with the cogs and appreciated that; also realized that if his hands or person got in contact with moving machinery he would…
1Opinion of the CourtGoode, J.
(after stating the facts as above).— Respondent’s counsel insist in their brief that this is an action founded on common law negligence; not one controlled by the statute requiring dangerous machinery to he guarded. We question whether a casé was *632made out at common law; for it would be doubtful but for tbe statute, if appellants were under obligation to protect the cog-wheels by guards, negligent in failing to guard them, or responsible for the accident. It seems there is no rule of the common law requiring dangerous machinery to be fenced or guarded and that the master is not answerable if a…
2Cases cited10 opinions
- Sullivan v. India Manufacturing Co.Massachusetts Supreme Judicial Court · 1873
- Blanton v. DolbSupreme Court of Missouri · 1891
- Settle v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1895
- Lore v. American Manufacturing Co.Supreme Court of Missouri · 1901
- Pauck v. St. Louis Dressed Beef & Provision Co.Supreme Court of Missouri · 1901
5 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- McClaugherty v. Rogue River Electric Co.Oregon Supreme Court · 1914
- Schulte v. Pacific Paper Co.Oregon Supreme Court · 1913
- Stafford v. AdamsMissouri Court of Appeals · 1905
- Millsap v. BeggsMissouri Court of Appeals · 1906
- Stegmann ex rel. Stegmann v. GerberMissouri Court of Appeals · 1909
13 more not listed; retrieve them via the Exa API.