McCaffrey v. Tamm Bros. Glue Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Jesse A. McDonald, Judge. The demurrer to the evidence should have been sustained. Plaintiff! used chain for unauthorized and improper purpose. The end-gate chain was not furnished or designed to boom to. Defendant furnished safe and secure rings and bars for this purpose. Plaintiff’s injury was due to the fact that he improperly used the end-gate chain to boom to, a purpose for which it was neither furnished nor designed.
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Appeal from St. Louis City Circuit Court. — Hon. Jesse A. McDonald, Judge. The demurrer to the evidence should have been sustained. Plaintiff! used chain for unauthorized and improper purpose. The end-gate chain was not furnished or designed to boom to. Defendant furnished safe and secure rings and bars for this purpose. Plaintiff’s injury was due to the fact that he improperly used the end-gate chain to boom to, a purpose for which it was neither furnished nor designed. The master is not liable for the injuries to a servant caused by the unauthorized or improper use of appliances for…
1Opinion of the CourtGoode, J.
This plaintiff was hurt while workng for defendant in its factory and recovered judgment in the present action upon the verdict of a jury; whereupon, after proper motions, an appeal was taken. Among the tasks of the factory was sacking hair and loading it on wagons for shipment. Plaintiff had worked in the .establishment for eight years at the time of the *28accident, his job being to assort hair, see it was ready for the market and sack and load it on wagons when a load was called for. As many sacks would be piled on a wagon as could be, and after the load was finished, a rope would be drawn…
2Cases cited4 opinions
- Wachsmuth v. Shaw Electric Crane Co.Michigan Supreme Court · 1898
- Covey v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1885
- Flynn v. Union Bridge Co.Missouri Court of Appeals · 1890
- Dunn v. New York, N. H. & H. R. Co.Court of Appeals for the Second Circuit · 1901
3Cited by5 opinions
- Wellinger v. Terminal Railroad Assn. of St. LouisSupreme Court of Missouri · 1944
- Willadsen v. Blue Valley Creamery Co.Court of Appeals of Kansas · 1919
- Gallespie v. ThorntonSupreme Court of Florida · 1927
- Corry v. Majestic Manufacturing Co.Missouri Court of Appeals · 1916
- Lowe v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1912