Miller v. Walsh
Missouri Court of Appeals
Appeal from. Jackson Circuit Court. — Eon. John G. Park, Judge. The court should have peremptorily directed a verdict in defendant’s favor because: (a) There is no evidence of negligence creating liability on the part of defendant. Administrator v. Lime & Cement Co., 113 Mo.
Read the full summary
Appeal from. Jackson Circuit Court. — Eon. John G. Park, Judge. The court should have peremptorily directed a verdict in defendant’s favor because: (a) There is no evidence of negligence creating liability on the part of defendant. Administrator v. Lime & Cement Co., 113 Mo. App. 330; Armour v: Hahn, 111 U. S. 313; Finlayson v. Mining & Milling Co., 67 Fed. 507; Bridge Co. v. Seeds, 114 Fed. 605. (b) Deceased assumed the risk of the caving in of the sides of the trench which caused his death. Knorpp v. Wagner, 195 Mo. 637; Livengood v. Lead & Zinc Co., 179 Mo. 229.
1Opinion of the CourtEllison, J.
Plaintiff’s action is to recover damages for the death of her husband, which she charges was occasioned by the negligence of defendant. She prevailed in the trial court.
Defendant was engaged in putting in a sewer in Kansas City, and had several men in his employ, among others the deceased. The ditch for the sewer was dug fourteen feet deep and was exactly two feet and three inches wide. It was dug by a machine, which accounts for its uniform width. It was being dug from south to north; that is, the machine, which *133was run by steam, was placed north of the point of beginning, so that what was…
2Cases cited3 opinions
- Bradley v. James H. Forbes Tea & Coffee Co.Supreme Court of Missouri · 1908
- Henson v. Armour Packing Co.Missouri Court of Appeals · 1905
- Meehan v. St. Louis, Memphis & Southeastern RailroadMissouri Court of Appeals · 1905
3Cited by3 opinions
- Prash v. Wabash RailroadMissouri Court of Appeals · 1910
- McDonald v. Central Illinois Construction Co.Missouri Court of Appeals · 1916
- Mihelich v. MigneryMissouri Court of Appeals · 1911