Rhea v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from Barton County Circnit Court. — Eon. B. G. Thurman, Judge. (1) The presumption is that the employer has discharged his duty in providing suitable appliances for his work and in keeping them in that condition. Glass-cock v. Dry Goods Co., 106 Mo.
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Appeal from Barton County Circnit Court. — Eon. B. G. Thurman, Judge. (1) The presumption is that the employer has discharged his duty in providing suitable appliances for his work and in keeping them in that condition. Glass-cock v. Dry Goods Co., 106 Mo. App. 663-4. (2) In the absence of affirmative proof of negligence the simple fact of an injury occurring is to be rather attributable presumptively to misadventure, inevitable fate or other causes for which- the employer is not liable. Glasscock v. Dry Goods Co., supra; Nolan v. Shickle, 3 Mo. App. 304-5; 69 Mo. 336. (3) It devolves upon…
1Opinion of the Court
OPINION.
FARRINGTON, J.
(after stating the facts). — -The appellant (defendant) excepted to the action of the trial court in refusing plaintiff’s instruction numbered two which defines the duty of the master and servant in *173tiie furnishing and handling of appliances. This instruction was proper and might well have been given; hut the instructions which were given clearly instructed the jury concerning the duty of the defendant to exercise ordinary care and diligence in furnishing the appliance, and instructed that if they should find that the plaintiff was guilty of contributory negligence in…
2Cases cited17 opinions
- Parsons v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Warner v. St. Louis & Meramec River RailroadSupreme Court of Missouri · 1903
- Coffey v. City of CarthageSupreme Court of Missouri · 1905
- Heberling v. City of WarrensburgSupreme Court of Missouri · 1907
- Parker v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1891
12 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Morris v. Atlas Portland Cement Co.Supreme Court of Missouri · 1929
- Griffith v. GardnerSupreme Court of Missouri · 1949
- Brady v. Oregon Lumber Co.Oregon Supreme Court · 1926
- Elliott v. PayneSupreme Court of Missouri · 1922
- Ingram's Admrx. v. Rutland RailroadSupreme Court of Vermont · 1915
6 more not listed; retrieve them via the Exa API.