Millsap v. Beggs
Missouri Court of Appeals
Appeal from Carroll Circuit Court. — Eon. John P. Butler, Judge. (1) The evidence failed to show any negligence on the part of defendant. (2) The mere failure of defendant to equip the jointer with a guard, or to post notices of the dangerous character of the machinery in his factory, did not establish negligence per se, or show that it was the proximate cause of plaintiff’s injury. Smith v. Box Co., 92 S. W. 394; McGuerty y.
Read the full summary
Appeal from Carroll Circuit Court. — Eon. John P. Butler, Judge. (1) The evidence failed to show any negligence on the part of defendant. (2) The mere failure of defendant to equip the jointer with a guard, or to post notices of the dangerous character of the machinery in his factory, did not establish negligence per se, or show that it was the proximate cause of plaintiff’s injury. Smith v. Box Co., 92 S. W. 394; McGuerty y. Hale (Mass.), 36 N. E. 682; Carr v. Williston (Minn.), 46 N. W. 353. (3) The failure to instruct the servant as to the dangers of a machine which are apparent and…
1Opinion of the CourtEllison, J.
The defendant was the owner and operator of a wagon factory and plaintiff was his employee. In operating the factory defendant maintained therein certain shafting and machinery constituting a planer or jointer, which plaintiff charges was dangerous to persons employed in and about the plant. Plaintiff alleges that while engaged in performing services for defendant as his employee, his hand came in contact with the blades of the planer and was badly injured. He recovered judgment in the trial court for such injury.
The action is based upon the following* statute (section 6433, Revised Statutes…
2Cases cited14 opinions
- O'Maley v. South Boston Gas Light Co.Massachusetts Supreme Judicial Court · 1893
- Knisley v. . PrattNew York Court of Appeals · 1896
- Pennsylvania Co. v. StegemeierIndiana Supreme Court · 1889
- Settle v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1895
- Lore v. American Manufacturing Co.Supreme Court of Missouri · 1901
9 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Cole v. North American Lead Co.Supreme Court of Missouri · 1912
- Miniea v. St. Louis Cooperage Co.Missouri Court of Appeals · 1913
- Columbia Box Co. v. SaucierCourt of Appeals for the Eighth Circuit · 1914
- Mabe Ex Rel. Mabe v. Gille Manufacturing Co.Missouri Court of Appeals · 1925
- Quigley v. KingMissouri Court of Appeals · 1914
10 more not listed; retrieve them via the Exa API.