Hollingsworth v. National Biscuit Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Son. Shannon G. Douglass, Judge. (1) The case should not have gone to the jury. Howard v. .Railway, 173 Mo. 524; Glasscock v. Swofford Bros., 80 S. W., 364, 106 Mo. App. 657; Harrington v. Wabash, 104 Mo. App. 663. (2) The defendant had no reason to anticipate any defect in the kettle and none existed, unless it be that the bubbles which plaintiff himself first discovered was evidence of it, and he did not make this known to defendant.
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Appeal from Jackson Circuit Court. — Son. Shannon G. Douglass, Judge. (1) The case should not have gone to the jury. Howard v. .Railway, 173 Mo. 524; Glasscock v. Swofford Bros., 80 S. W., 364, 106 Mo. App. 657; Harrington v. Wabash, 104 Mo. App. 663. (2) The defendant had no reason to anticipate any defect in the kettle and none existed, unless it be that the bubbles which plaintiff himself first discovered was evidence of it, and he did not make this known to defendant. Hence he is guilty of negligence that prevents recovery. Glasscock v. Swofford Bros., 80 S. W. 364, 106 Mo. App. 657. (3)…
1Opinion of the CourtEllison, J.
The plaintiff was engaged in making candy for the defendant by boiling the ingredients in a copper vessel with steam heat. The vessel exploded and threw the hot candy over plaintiff Avhereby he was severely injured. He brought this action charging that the vessel was old, worn and defective, and was therefore unsafe. He recovered judgment in the trial court.
The vessel (called a kettle) was about thirty-tAvo inches across the top and about twenty inches deep, and it assumed an oval shape at the bottom. It was composed of two sheets of copper, one outside and the other inside, called the…
2Cases cited4 opinions
- Glasscock v. Swafford Bros. Dry Goods Co.Missouri Court of Appeals · 1904
- Howard v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1903
- Harrington v. Wabash Railway Co.Missouri Court of Appeals · 1904
- Tice v. HamiltonSupreme Court of Missouri · 1905
3Cited by2 opinions
- McTurman v. BellMissouri Court of Appeals · 1965
- Miles v. Central Coal & Coke Co.Missouri Court of Appeals · 1913