Browning v. Kasten
Missouri Court of Appeals
Appeal from Cape Girardeau Circuit Court. — No». N. C. Riley, Judge. (1) At the time the accident occurred plaintiff was not in the line of his duty, nor at his proper place, but at the request of Martin Schloss, a fellow workman, had voluntarily gone into the west kiln to do the work of Schloss during the latter’s temporary absence, and is therefore not entitled to recover. Ryan v. Boiler Works, 68 Mo.
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Appeal from Cape Girardeau Circuit Court. — No». N. C. Riley, Judge. (1) At the time the accident occurred plaintiff was not in the line of his duty, nor at his proper place, but at the request of Martin Schloss, a fellow workman, had voluntarily gone into the west kiln to do the work of Schloss during the latter’s temporary absence, and is therefore not entitled to recover. Ryan v. Boiler Works, 68 Mo. App. 146. (2) But even if plaintiff had been rightfully in the west kiln, he knew that the walls were constructed of mud and bricks, without mortar, and consequently more or less unsafe, and…
1Opinion of the CourtGoode, J.
Plaintiff was-hurt by part of a wall of a brickkiln falling on him and sued the defendant, who is the owner of the kiln, for the consequent damages. There were two kilns on the yard, denominated the east and west kilns. Plaintiff was injured by the fall of tbe east wall of the west kiln. He had been employed about the brickyard five or six weeks, and his usual duty was running an engine; but when the engine was idle, other tasks were assigned to Mm. On the day of the accident he had been at work daubing the outside of the Mins with mud and shortly prior to it was working on the east kiln.…
2Cases cited5 opinions
- Curtis v. McNairSupreme Court of Missouri · 1903
- Herdler v. Buck's Stove & Range Co.Supreme Court of Missouri · 1896
- Porter v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1875
- Clowers v. Wabash, St. Louis & Pacific RailroadMissouri Court of Appeals · 1886
- Dean v. St. Louis Woodenware WorksMissouri Court of Appeals · 1904
3Cited by2 opinions
- Lee v. St. Louis, Memphis & Southeastern RailroadMissouri Court of Appeals · 1905
- Zeigenmeyer v. Goetz Lime & Cement Co.Missouri Court of Appeals · 1905