Rogers v. Tegarden Packing Co.
Missouri Court of Appeals
Appeal from Green County Circuit Court. — Hon. Guy H. Kirby, Judge. (1) The trial court erred in overruling defendant’s demurrer to the evidence at the close of all the evidence.
Read the full summary
Appeal from Green County Circuit Court. — Hon. Guy H. Kirby, Judge. (1) The trial court erred in overruling defendant’s demurrer to the evidence at the close of all the evidence. The evidence shows the plaintiff chose an unsafe way to push his truck when a safe way was open to him; and because he was well aware of the condition of the floor, knew the truck was likely to slip into the depression on the floor and tilt to one side, and yet he placed his hands on the sides where they were certain to be mashed if the truck tilted. Schiller‘v. Breweries Co., 156 Mo. App. 569; George v. St. Louis…
1Opinion of the CourtFarrington, J.
The plaintiff was the servant of the defendant and had been for eight or nine years prior to his- injury, working in the same place and at the same kind of employment. Plis finger was mashed while engaged in that employment. He brought this action for damages, charging the defendant with negligence in furnishing him an unsafe place in which to work. A judgment was recovered in his favor and the defendant appeals to this court charging, among other things, that the evidence shows conclusively that the plaintiff was guilty of negligence which contributed to his injury and that the court erred…
Also in this document: Concurrence.
2Cases cited17 opinions
- Gilbert v. Burlington, C. R. & N. Ry. Co.Court of Appeals for the Eighth Circuit · 1904
- Pauck v. St. Louis Dressed Beef & Provision Co.Supreme Court of Missouri · 1901
- Morris v. Duluth, S. S. & A. Ry. Co.Court of Appeals for the Eighth Circuit · 1901
- Russell v. TillotsonMassachusetts Supreme Judicial Court · 1885
- Smith v. Forrester-Nace Box Co.Supreme Court of Missouri · 1906
12 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Brandt v. ThompsonSupreme Court of Missouri · 1952
- Hathaway v. EvansMissouri Court of Appeals · 1950
- Johnson v. Ambursen Hydraulic Construction Co.Missouri Court of Appeals · 1915
- Anderson v. Orscheln Bros. Truck Lines, Inc.Supreme Court of Missouri · 1965
- Coats v. SandhoferMissouri Court of Appeals · 1952
8 more not listed; retrieve them via the Exa API.