Franklin v. Missouri, Kansas & Texas Railway Co.
Missouri Court of Appeals
Appeal from Cole Circuit Court. — How. James E. Ha-sell, Judge. (1) The evidence did not establish negligence on the part of defendant. The fact that plaintiff was injured is not enough to raise a presumption of negligence. Blanton v. Dold, 109 Mo. 74; Bohn v. Railroad, 106 Mo. 429; Carvin v. St. Louis, 151 Mo. 334; Railroad v. Nelms, 9 S. E. (Ga.) 1049. (2) The defendant was not required to furnish absolutely safe tools to the plaintiff.
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Appeal from Cole Circuit Court. — How. James E. Ha-sell, Judge. (1) The evidence did not establish negligence on the part of defendant. The fact that plaintiff was injured is not enough to raise a presumption of negligence. Blanton v. Dold, 109 Mo. 74; Bohn v. Railroad, 106 Mo. 429; Carvin v. St. Louis, 151 Mo. 334; Railroad v. Nelms, 9 S. E. (Ga.) 1049. (2) The defendant was not required to furnish absolutely safe tools to the plaintiff. Its duty was to use such care as a person of common prudence would use in selecting tools reasonably safe for the purpose for which they were intended. The…
1Opinion of the CourtSmith, P. J.
— Action to recover damages for personal injuries alleged to have been received.
The petition inter alia alleged that while the plaintiff was employed in the service of defendant it became and was his duty to put in place on defendant’s track, steel ráils and to fix them to crossties with spikes driven therein with mauls; that defendant carelessly and negligently furnished .to plaintiff with which to perform his work and service aforesaid a defective appliance, to-wit, a steel maul; that the parts of said maul in and around the hammer thereof (and which parts it was necessary to strike on the…
2Cases cited21 opinions
- District of Columbia v. ArmesSupreme Court of the United States · 1883
- Conroy v. Vulcan Iron WorksSupreme Court of Missouri · 1876
- O'Mellia v. Kansas CitySupreme Court of Missouri · 1893
- Thorpe v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1886
- Moynihan v. Hills Co.Massachusetts Supreme Judicial Court · 1888
16 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Van Bibber v. Swift & Co.Supreme Court of Missouri · 1921
- Burnison v. SoundersMissouri Court of Appeals · 1931
- Chicago, R. I. & P. Ry. Co. v. WrightSupreme Court of Oklahoma · 1913
- McGinnis v. R. M. Rigby Printing Co.Missouri Court of Appeals · 1906
- Crader v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1914
7 more not listed; retrieve them via the Exa API.