Seals v. Whitney
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Hon. Howard Gray, Judge. (1) Appellant contends that the earth and rock would confine the fumes of the powder, and that it would so remain until the earth was stirred up in the course of removing it. Much evidence was also to the effect that until the earth in which the powder fumes was confined was stirred up and the fumes liberated into the atmosphere, that an air sail would be of no use as it could not remove the fumes.
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Appeal from Jasper Circuit Court. — Hon. Howard Gray, Judge. (1) Appellant contends that the earth and rock would confine the fumes of the powder, and that it would so remain until the earth was stirred up in the course of removing it. Much evidence was also to the effect that until the earth in which the powder fumes was confined was stirred up and the fumes liberated into the atmosphere, that an air sail would be of no use as it could not remove the fumes. The sail could only-remove fumes that permeated the atmosphere of the shaft, but it was shown that during the interval between Saturday…
1Opinion of the CourtJohnson, J.
Plaintiff sues for damages for the death of her husband which she alleges was caused by the negligence of defendants, mining partners. The principal questions urged on our attention by defendants, who brought the cause here by appeal, arise from the contention that at the close of the evidence, the jury should have been directed by the court to return a verdict in their favor.
The facts presented by the evidence introduced by plaintiff are as follows: Monday morning, August 20, 1906, plaintiff’s husband, Jesse Seals and her brother, Shed Shuey, were employed by defendants to work as miners in…
2Cases cited13 opinions
- Mather v. RillstonSupreme Court of the United States · 1895
- Rodney v. St. Louis Southwestern Railway Co.Supreme Court of Missouri · 1895
- Zellars v. Missouri Water & Light Co.Missouri Court of Appeals · 1902
- Strahlendorf v. RosenthalWisconsin Supreme Court · 1872
- Andricus' Adm'r v. Pineville Coal Co.Court of Appeals of Kentucky · 1906
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3Cited by4 opinions
- Holman v. E. E. Souther Iron Co.Missouri Court of Appeals · 1911
- Knight v. Donnelly Bros.Missouri Court of Appeals · 1908
- Cunningham v. Doe Run Lead Co.Missouri Court of Appeals · 1926
- Swab v. Smith Bros., Inc.Missouri Court of Appeals · 1928