Deweese v. Meramec Iron Mining Co.
Missouri Court of Appeals
Appeal from the Crawford Circuit Court. — Hon. O. C. Bland, Judge. . (1) The court erred in giving instruction number 1. This instruction entirely ignores any supposed or alleged negligence or want of care on the part of the defendant or its superintendent.
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Appeal from the Crawford Circuit Court. — Hon. O. C. Bland, Judge. . (1) The court erred in giving instruction number 1. This instruction entirely ignores any supposed or alleged negligence or want of care on the part of the defendant or its superintendent. It makes the fact of a supposed unsafe condition, and the fact of a rock falling, sufficient to fix the liability of the defendant to plaintiff without any regard as to whether or not the defendant or its superintendent had been guilty of negligence or want of care. Again, the phrase “unsafe condition” is not.connected with the loose rock…
1Opinion of the CourtBiggs, J.
— An action for personal injuries received by the plaintiff while engaged as a day laborer in the defendant’s iron mine. The mine is represented as having been excavated in a circular form, and is about one hundred and twenty feet deep. There is what is called a lower lift and an upper lift. The upper lift is about one hundred feet from the entrance to the mine, and is about three hundred yards in circumference. The lower lift is a smaller excavation on one side of the upper lift. The ore is elevated from the upper lift by an inclined railway. At the foot of the railway is a turn table in the…
2Cases cited6 opinions
- Bluedorn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Young v. Shickle, Harrison & Howard Iron Co.Supreme Court of Missouri · 1890
- Aldridge's Adm'r v. Midland Blast Furnace Co.Supreme Court of Missouri · 1883
- Stevenson v. HancockSupreme Court of Missouri · 1880
- Watson v. Kansas & Texas Coal Co.Missouri Court of Appeals · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Cole v. St. Louis Transit Co.Supreme Court of Missouri · 1904
- Deweese v. Meramec Iron Mining Co.Supreme Court of Missouri · 1895
- Irmer v. St. Louis Brewing Co.Missouri Court of Appeals · 1897
- Seals v. WhitneyMissouri Court of Appeals · 1908
- Cunningham v. Doe Run Lead Co.Missouri Court of Appeals · 1926
1 more not listed; retrieve them via the Exa API.