Eastridge v. Kennett Cypress & Hardwood Lumber Co.
Missouri Court of Appeals
Appeal from Dunklin Circuit Court.—Ho». W. S. C. Walker, Judge. (1) The court erred in overruling’ defendant’s demurrer to the evidence at the close of plaintiff’s case and at the close of all the evidence in the case—(a) There is no evidence that the water had been down long enough to clean off the yard, or that the end of the plank with the protruding nail was sufficiently exposed to become noticeable, without the exercise of extraordinary care on the part of defendant,…
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Appeal from Dunklin Circuit Court.—Ho». W. S. C. Walker, Judge. (1) The court erred in overruling’ defendant’s demurrer to the evidence at the close of plaintiff’s case and at the close of all the evidence in the case—(a) There is no evidence that the water had been down long enough to clean off the yard, or that the end of the plank with the protruding nail was sufficiently exposed to become noticeable, without the exercise of extraordinary care on the part of defendant, (b) Because there is no evidence that the water had been down long enough for defendant to discover such pieces of plank,…
1Opinion of the CourtNoetoni, J.
This is a suit for damages accured on account of personal injuries received through defendant’s negligence. Plaintiff recovered and defendant prosecutes the appeal.
Plaintiff was injured by stepping upon a rusty nail while in defendant’s employ in its pole and piling yard. Defendant is engaged in the pole and piling business and maintains a yard of considerable proportions adjacent to the railroad in the lowland known as the Little Eiver Swamp. The pole and piling yard is a cleared and level space, consisting of about three acres, into which poles and piling are floated during the high water…
2Cases cited11 opinions
- Curtis v. McNairSupreme Court of Missouri · 1903
- Bradley v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Missouri · 1897
- Doyle v. Missouri, Kansas & Texas Trust Co.Supreme Court of Missouri · 1897
- Allen v. St. Louis Transit Co.Supreme Court of Missouri · 1904
- Miller v. United Railways Co.Missouri Court of Appeals · 1911
6 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Annin v. JacksonSupreme Court of Missouri · 1937
- Neely v. FreezeMissouri Court of Appeals · 1949
- Leimbach v. United Rys. Co. of St. LouisMissouri Court of Appeals · 1921
- Neely v. FreezeMissouri Court of Appeals · 1949