Brannock v. Elmore
Supreme Court of Missouri
Appeal from Jackson Circuit Court.—Hon. John W. Henry, Judge. (1) A demurrer to the evidence ought to have been sustained. The firm of Railey & Crowburger contracted to take the rock out of appellant’s cellar at forty cents per perch, using their own means and methods for accomplishing this result. The contract was completed without any interference on appellant’s part.
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Appeal from Jackson Circuit Court.—Hon. John W. Henry, Judge. (1) A demurrer to the evidence ought to have been sustained. The firm of Railey & Crowburger contracted to take the rock out of appellant’s cellar at forty cents per perch, using their own means and methods for accomplishing this result. The contract was completed without any interference on appellant’s part. The contract constituted Railey & Crowburger independent contractors, and the relation of master and servant in no wise existed between them. Deering on Negligence, sec. 230; Wharton on Negligence, sec. 181; Schweickart v. St.…
1Opinion of the CourtMaceablane, J.
This is an action by plaintiff to recover damages for personal injuries caused by the alleged negligence of defendant in blasting rock on a lot in Kansas City near a public street.
The petition charges that defendant in May, 1889, was in possession of certain lots on Perry avenue in' Kansas City, by his servants and employes making excavations thereon; that the following ordinance was in force in said city at the time: £‘No persons shall blast or cause to be blasted any rock without having the rock covered at the time of setting off of the blast, and all sides of the orifice protected with…
2Cases cited10 opinions
- Roddy v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Murray v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
- Lancaster v. Connecticut Mutual Life InsuranceSupreme Court of Missouri · 1887
- St. Louis, Kansas City & Northern Railway Co. v. ClearySupreme Court of Missouri · 1883
- Morgan v. BowmanSupreme Court of Missouri · 1856
5 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Salmon v. Kansas CitySupreme Court of Missouri · 1912
- Wendler v. People's House Furnishing Co.Supreme Court of Missouri · 1901
- Stevens v. United Gas & Electric Co.Supreme Court of New Hampshire · 1905
- Silveus v. GrossmanSupreme Court of Pennsylvania · 1932
- Jackson v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1900
31 more not listed; retrieve them via the Exa API.