Schumacher v. Kansas City Breweries Co.
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. J. H. Slover, Judge. (1) It is tbe duty of tire master to maintain tire place where employees may properly resort in connection with their employment, in a reasonably safe condition. This is a positive duty of the master which cannot be delegated so as to relieve the master. Other servants performing this duty are not fellow-servants. Railroad v. "Wise, 106 111. App. 174, 206 Ill. 453; 26 Oye. 1087; King v. Railroad, 143 Mo.
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Appeal from Jackson Circuit Court. — Hon. J. H. Slover, Judge. (1) It is tbe duty of tire master to maintain tire place where employees may properly resort in connection with their employment, in a reasonably safe condition. This is a positive duty of the master which cannot be delegated so as to relieve the master. Other servants performing this duty are not fellow-servants. Railroad v. "Wise, 106 111. App. 174, 206 Ill. 453; 26 Oye. 1087; King v. Railroad, 143 Mo. App. 289; Bailey v. Dry Goods Co., 149 Mo. App. 656; Strobel v. Mfg. Co., 148 Mo. App. 22; Van Verth v. Candy Co., 155 Mo. App.…
1Opinion of the CourtWoodson, J.
The plaintiff instituted this suit in the circuit-court of Jackson county, against the defendant, to recover twenty-five thousand dollars damages for personal injuries received February 14, 1908, through the alleged negligence of the defendant.
The petition was in the usual form; and the answer consisted of a general denial and a plea of contributory negligence, assumption of risk, and that whatever injuries the plaintiff sustained were the re-*148suit of the negligence of a fellow-servant. The reply was a general denial.
A trial was had before the court and jury, which resulted in a verdict for…
2Cases cited7 opinions
- Barney v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1895
- Brown v. WoodSupreme Court of Missouri · 1854
- Fearey v. O'NeillSupreme Court of Missouri · 1899
- State v. ShapiroSupreme Court of Missouri · 1909
- Black v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1909
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Vitale v. DuerbeckSupreme Court of Missouri · 1933
- National Union v. KelleySupreme Court of Oklahoma · 1914
- Swigart v. LuskMissouri Court of Appeals · 1917
- State Ex Rel. Goessling v. DauesSupreme Court of Missouri · 1926
- McFall v. Chicago, Burlington & Quincy RailroadMissouri Court of Appeals · 1914
3 more not listed; retrieve them via the Exa API.