Gambino v. Manufacturers' Coal & Coke Co.
Missouri Court of Appeals
Appeal from Knox Circuit Court. — Hon. Charles D. Stewart, Judge. (1) The court erred in overruling defendant’s demurrer to the evidence. Plaintiff, while a witness, stated “the rock looked bad to him.” He had known it was dangerous for two days. There was no promise of repairs or assurance of safety. Plaintiff is an experienced miner.
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Appeal from Knox Circuit Court. — Hon. Charles D. Stewart, Judge. (1) The court erred in overruling defendant’s demurrer to the evidence. Plaintiff, while a witness, stated “the rock looked bad to him.” He had known it was dangerous for two days. There was no promise of repairs or assurance of safety. Plaintiff is an experienced miner. His own evidence conclusively shows that he failed to take ordinary care to learn the imminence of the dangers which lurked in the roof or that he was carelessly indifferent to such dangers, in either - of which events he is not entitled to recover. Roberts v.…
1Opinion of the CourtAllen, J.
This is an action for damages for personal injuries sustained by plaintiff while in the defendant’s employ, alleged to have accrued to him through the negligence of defendant. Plaintiff recovered and the defendant appeals.
At the time of plaintiff’s injury, to-wit, December 18, 1908, defendant company owned and operated a coal mine in which plaintiff was employed by it as a miner. The mine was operated by “driving” certain “entries,” from the sides of which “rooms” were opened in which the miners worked. In opening such a room, a passageway would be cut a few feet, in length, which was termed…
2Cases cited11 opinions
- Burkard v. A. Leschen & Sons Rope Co.Supreme Court of Missouri · 1909
- Garard v. Manufacturers' Coal & Coke Co.Supreme Court of Missouri · 1907
- Obermeyer v. Logeman Chair Manufacturing Co.Supreme Court of Missouri · 1910
- Gibler v. Terminal RailroadSupreme Court of Missouri · 1907
- Rowden v. Schoenherr-Walton Mining Co.Missouri Court of Appeals · 1909
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3Cited by3 opinions
- Hoffman v. Peerless White Lime Co.Supreme Court of Missouri · 1927
- Oxford v. DudleyMissouri Court of Appeals · 1920
- Teter v. Central Coal & Coke Co.Court of Appeals of Kansas · 1919