Dodge v. Manufacturers Coal & Coke Co.
Missouri Court of Appeals
Appeal from Schuyler Circuit Court. — Hon. Hat M. Shelton, Judge. (1) The allegation is that the defendant “knew or ought to have known” of the defect, but we ask the question when it ought to have known of such defect? Was it the day before or the minute before the accident? Unless the allegation is that the defect complained of had existed for a sufficient length of time so that knowledge thereof is imputable to the defendant, or that defendant actually knew of the defect…
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Appeal from Schuyler Circuit Court. — Hon. Hat M. Shelton, Judge. (1) The allegation is that the defendant “knew or ought to have known” of the defect, but we ask the question when it ought to have known of such defect? Was it the day before or the minute before the accident? Unless the allegation is that the defect complained of had existed for a sufficient length of time so that knowledge thereof is imputable to the defendant, or that defendant actually knew of the defect in time to have remedied it and prevented the injury, there is no cause of action stated. Nixon v. Railroad, 141 Mo.…
1Opinion of the CourtJohnson, J.
— This is an action to recover damages for personal injuries alleged to have been sustained in consequence of the negligence of defendant. The answer was a general denial and plea of contributory negligence. Plaintiff had judgment in the sum of one thousand dollars and defendant appealed.
At the time of injury, February 26, 1903, defendant was and had been engaged in the business of mining for coal. Plaintiff, a miner, was employed by defendant and was at work in an entry that horizontally penetrated a hill from its side. This entry was some two hundred yards long and about eight feet wide.…
2Cases cited14 opinions
- Curtis v. McNairSupreme Court of Missouri · 1903
- Bradley v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Missouri · 1897
- Bowie v. City of KansasSupreme Court of Missouri · 1873
- Blundell v. Wm. A. Miller Elevator Manufacturing Co.Supreme Court of Missouri · 1905
- Grove v. City of KansasSupreme Court of Missouri · 1882
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3Cited by4 opinions
- Burkard v. A. Leschen & Sons Rope Co.Supreme Court of Missouri · 1909
- Boten ex rel. Boten v. Sheffield Ice Co.Missouri Court of Appeals · 1914
- State ex rel. School District v. DelaneyMissouri Court of Appeals · 1906
- Clonts v. Laclede Gas Light Co.Missouri Court of Appeals · 1910