Legal Opinion

Roberts v. Missouri & Kansas Telephone Co.

Supreme Court of Missouri

Decided January 13, 1902PublishedCited by 24 opinions

Appeal from Buchanan Circuit Court. — Hon. W. K. James, Judge. (1) Under the evidence in this case, the accident to the plaintiff resulted from one of the hazards and perils ordinarily incident to his employment as lineman.

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Appeal from Buchanan Circuit Court. — Hon. W. K. James, Judge. (1) Under the evidence in this case, the accident to the plaintiff resulted from one of the hazards and perils ordinarily incident to his employment as lineman. Where a lineman, thirty-four years old and of many years experience in that calling, with full notice that numbers of the cross-arms on which he is working were unsafe, and, therefore, of the risk he was running in working upon them, voluntarily undertakes or continues in a hazardous employment of this character, or to place himself in hazardous positions, or to work with…

1Opinion of the CourtMarshall, J.

Action for $11,000 damages, for personal injuries received by the plaintiff on September 22, 1898, while in the employ of the defendant, as a lineman. Upon a trial, in the circuit court of Buchanan county, the plaintiff suffered a nonsuit with leave, which that court afterwards set aside, and from which ruling the defendant appealed.

The petition alleges that the defendant, as a part of its plant, has a lead or line of wires in the city of St. Joseph, running from the south part of Eleventh street to and through South Parle; that such wires are suspended by cross-arms, attached to poles, about…

2Cases cited11 opinions

  1. Buesching v. St. Louis Gaslight Co.Supreme Court of Missouri · 1880
  2. Hudson v. Wabash Western Railway Co.Supreme Court of Missouri · 1890
  3. Haven v. Missouri RailroadSupreme Court of Missouri · 1900
  4. Flood v. . Western Union Telegraph CompanyNew York Court of Appeals · 1892
  5. Schlereth v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1888

6 more not listed; retrieve them via the Exa API.

3Cited by24 opinions

  1. St. Louis Cordage Co. v. MillerCourt of Appeals for the Eighth Circuit · 1903
  2. George v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1910
  3. Lee v. St. Louis, Memphis & Southeastern RailroadMissouri Court of Appeals · 1905
  4. Henson v. Armour Packing Co.Missouri Court of Appeals · 1905
  5. Flack v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Missouri · 1920

19 more not listed; retrieve them via the Exa API.

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