Legal Opinion

Knorpp v. Wagner

Supreme Court of Missouri

Decided April 20, 1906PublishedCited by 35 opinions

Appeal from Jasper Circuit Court. — Now. Hugh Dabbs, Judge. (1) The court erred in admitting evidence over defendants’ objection to the effect that failed shots could be tested by exploding powder or squib shots in them.

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Appeal from Jasper Circuit Court. — Now. Hugh Dabbs, Judge. (1) The court erred in admitting evidence over defendants’ objection to the effect that failed shots could be tested by exploding powder or squib shots in them. It appeared from plaintiff’s evidence that he had not asked permission to test the hole in question in that manner and further that the reason for not using squib shots in defendants ’ mine was that the mine was not sufficiently opened up to have an air shaft and the firing of squib shots would foul the air so that workmen could not remain in the ground. Plaintiff testified…

1Opinion of the CourtLamm, J.

— From a judgment of $6150 rendered in favor of plaintiff, a miner, known asa11 drill-man, ’ ’ for personal injuries alleged to be received at defendants ’ bands through certain specified acts of negligence, defendants, a mining partnership in tbe Joplin district, appeal.

One of tbe assignments of error is that tbe court should have sustained a demurrer at tbe close of plaintiff’s case, and, failing in that, should have given a peremptory instruction for defendants at tbe close of all tbe evidence. This assignment of error calls for an understanding of tbe issues and tbe material evidence.

Omitt…

2Cases cited2 opinions

  1. Fisher v. Central Lead Co.Supreme Court of Missouri · 1900
  2. Livengood v. Joplin-Galena Consolidated Lead & Zinc Co.Supreme Court of Missouri · 1904

3Cited by35 opinions

  1. State v. McKeeverSupreme Court of Missouri · 1936
  2. Maginnis v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1916
  3. Forbes v. DunnavantSupreme Court of Missouri · 1906
  4. Trent v. Lechtman Printing Co.Missouri Court of Appeals · 1910
  5. Brock v. Mobile & Ohio RailroadSupreme Court of Missouri · 1932

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