Bliesner v. G. Riesmeyer Distilling Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Hugo Muench, Judge. (1) Tlie demurrer to the evidence should have been sustained: (a) Because there was no substantial evidence of negligence on the part of the defendant. The tool was simple, the use to which it was to be put was simple and the alleged danger apparent and known to plaintiff. Halloron v. Iron Foundry Co., 133 Mo. 470; Blundell v. Manufacturing Co., 189 Mo. 552; Boring v. Medart, 56 Mo.
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Appeal from St. Louis City Circuit Court. — Hon. Hugo Muench, Judge. (1) Tlie demurrer to the evidence should have been sustained: (a) Because there was no substantial evidence of negligence on the part of the defendant. The tool was simple, the use to which it was to be put was simple and the alleged danger apparent and known to plaintiff. Halloron v. Iron Foundry Co., 133 Mo. 470; Blundell v. Manufacturing Co., 189 Mo. 552; Boring v. Medart, 56 Mo. App. 443; Crismer v. Bell Tel. Co., 194 Mo. 209; Mathis v. Stock Yards Co., 185 Mo. 447; Steinhauser v. Spraul, 127 Mo. 562; Harris v. Railroad,…
1Opinion of the CourtAllen, J.
This is an action by a servant against the master for personal injuries received in the course of the employment. When injured, plaintiff, a young man twenty years of age, was engaged in corking bottles for the defendant distilling company, using what is called a hand corker, consisting of a tube or cylin: der with a plunger, for inserting corks in bottles. The instrument in question was operated entirely by hand. It is claimed by plaintiff that the cylinder of the corking machine he was using was defective, in that it was worn so that the edge of the metal portion of it, which it seems was…
2Cases cited20 opinions
- Curtis v. McNairSupreme Court of Missouri · 1903
- Meadows v. Pacific Mutual Life InsuranceSupreme Court of Missouri · 1895
- Jewell v. Kansas City Bolt & Nut Co.Supreme Court of Missouri · 1910
- Meily v. St. Louis & San Franoisco RailroadSupreme Court of Missouri · 1908
- Dean v. Kansas City, St. Louis & Chicago RailroadSupreme Court of Missouri · 1906
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3Cited by11 opinions
- State ex rel. Long v. EllisonSupreme Court of Missouri · 1917
- Alexander v. Barnes Grocery Co.Missouri Court of Appeals · 1928
- Braden v. Friedrichsen Floor & Wall Tile Co.Missouri Court of Appeals · 1929
- Crader v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1914
- Willis v. Buchanan County Quarries Co.Missouri Court of Appeals · 1924
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