Chambers v. Chester
Supreme Court of Missouri
Appeal from Jasper Circuit Court. — No». Joseph D. Perkins, Judge. (1) There j.s no evidence to support the verdict: (a) Notice of grade of powder, both general and special —by printed notice on each stick of powder supplied, was given, (b) If not it was immaterial, as plaintiff ■does not pretend that he would have proceeded in any different manner than he did, or that he could have used any greater care than he did.
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Appeal from Jasper Circuit Court. — No». Joseph D. Perkins, Judge. (1) There j.s no evidence to support the verdict: (a) Notice of grade of powder, both general and special —by printed notice on each stick of powder supplied, was given, (b) If not it was immaterial, as plaintiff ■does not pretend that he would have proceeded in any different manner than he did, or that he could have used any greater care than he did. (c) There is no ■evidence that the same accident would not have occurred had plaintiff been using twenty-seven per cent nitroglycerine powder instead of forty per cent. A…
1Opinion of the CourtMarshall, J.
The following opinion heretofore rendered in Division One of this court, is hereby adopted as the opinion of the Court in Banc.
Brace, Gantt, Burgess, Valliant and Fox, JJ., concur; Robinson, Ó. J., dissents.
In Division One.
This is an action for damages for personal injuries sustained by the plaintiff, while in the employ of the defendants, in their mine in Jasper county, known as the “Hawkeye Mine,” caused by an explosion of nitroglycerine, which the plaintiff was loading in a hole that had been drilled in a rock wall, preparatory to blasting, and in consequence of which the plaintiff lost…
2Cases cited1 opinion
- King v. MorganCourt of Appeals for the Eighth Circuit · 1901
3Cited by9 opinions
- Sullivan v. Union Electric Light & Power Co.Supreme Court of Missouri · 1932
- Gibler v. Terminal RailroadSupreme Court of Missouri · 1907
- Livengood v. Joplin-Galena Consolidated Lead & Zinc Co.Supreme Court of Missouri · 1904
- Strother v. Kansas City Milling Co.Supreme Court of Missouri · 1914
- Logan v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1904
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