Spiva v. Osage Coal & Mining Co.
Supreme Court of Missouri
Appeal from Henry Circuit Court. — How. James B. Gantt, Judge. (1) The court erred in excluding the evidence offered by appellant to show the proper and prudent manner ■of fencing and protecting the top of the coal shaft.
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Appeal from Henry Circuit Court. — How. James B. Gantt, Judge. (1) The court erred in excluding the evidence offered by appellant to show the proper and prudent manner ■of fencing and protecting the top of the coal shaft. (2) The demurrer to the evidence should not have been sustained, for the evidence clearly showed that the primary cause of the accident was the failure of the defendant to fence and cover, or protect, the top of the shaft as required by the act of the general assembly. Acts of 1881, p. 168, sec. 8 ; Devlin v. Qallager, 6 Daly, 494; Loeioer v. City, etc., 77 Mo. 431; Ah/, v.…
1Opinion of the CourtRat, J.
-This is an action begun by plaintiff against defendant for damages, on account of the death of her husband, Edward L. Spiva, which, as was admitted upon the triql, was caused by an injury received by him in falling down the shaft at defendant’s Goal mine, said Spiva being at the 'time in defendant’s employ thereat. A demurrer to the evidence was sustained by the trial court, and the propriety of this ruling is the main question before ns. The petition charged, among other things, that the cage was lowered to the bottom of the shaft without the knowledge of Spiva, upon the order of…
2Cases cited3 opinions
- Buesching v. St. Louis Gaslight Co.Supreme Court of Missouri · 1880
- Reynolds v. HindmanSupreme Court of Iowa · 1871
- Chicago & Northwestern Railroad v. WardIllinois Supreme Court · 1871
3Cited by12 opinions
- Osterholm v. Boston & Montana Con. C. & S. Mining Co.Montana Supreme Court · 1910
- Maule Coal Co. v. PartenheimerIndiana Supreme Court · 1899
- Huss v. Heydt Bakery Co.Supreme Court of Missouri · 1908
- Virginia Electric & Power Co. v. DecaturSupreme Court of Virginia · 1939
- Boyd v. Brazil Block Coal Co.Indiana Court of Appeals · 1898
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