Sutherland v. Garetson-Greason Lumber Co.
Missouri Court of Appeals
Appeal from Butler Circuit Court. — Hon. J. O. SheppardJudge. (1) The mere fact that a pile of lumber fell down upon a man working in defendant’s plant, did not prove, nor tend to prove negligence.
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Appeal from Butler Circuit Court. — Hon. J. O. SheppardJudge. (1) The mere fact that a pile of lumber fell down upon a man working in defendant’s plant, did not prove, nor tend to prove negligence. Bowman v. Car & Foundry Co., 125 S. W. 1120; Bradley v. Tea & Coffee Co., Ill S. W. 919; McCormick Co. v. Zackzewski, 220 111. 522; Meixner v. Brewing Co., 60 Atl.. 259; Branco v. Railroad, 119 la. 211; Weizenski v. Railroad, 94 N. Y. Sup. 869; Martin v. Royster Guano Co., 57 S. E. 681; McFadden v. Campbell, 34 N. Y. Sup. 137; Wojtelak v. Coal Co., 188 Mo. 260. (2) The defendant was not obliged to…
1Opinion of the CourtGray, J.
Plaintiff instituted this suit in the circuit court of Butler county, to recover damages for the killing of her husband, Otto O. Sutherland, on the 4th day of May, 1906, through the alleged negligence of the defendant. There was a trial before the court and a jury which resulted in a verdict and judgment for the plaintiff, from which the defendant duly appealed.
The facts in the case are few and practically uncontradicted. The unfortunate plaintiff has rather a remarkable history. She was married at thirteen years of age. Tier husband was killed the following year, and at the time this suit…
2Cases cited5 opinions
- Rigsby v. Oil Well Supply Co.Missouri Court of Appeals · 1905
- Bradley v. James H. Forbes Tea & Coffee Co.Supreme Court of Missouri · 1908
- Dickinson v. JenkinsMissouri Court of Appeals · 1910
- Bowman v. American Car & Foundry Co.Supreme Court of Missouri · 1910
- Rigsby v. Oil Well Supply Co.Missouri Court of Appeals · 1908
3Cited by4 opinions
- Sabol v. St. Louis Cooperage Co.Supreme Court of Missouri · 1926
- Cody v. LuskMissouri Court of Appeals · 1914
- David v. Clarksville Cider Co.Missouri Court of Appeals · 1914
- Baxter v. Campbell Lumber Co.Missouri Court of Appeals · 1914