Cox v. Syenite Granite Co.
Missouri Court of Appeals
Appeal from the Iron Circuit Court. — Hon. J. L. Thojvtas, Judge. The court erred in not sustaining the defendant’s demurrer to the testimony, at the close of the evidence introduced by the plaintiff. MeDermot v. Railroad, 73 Mo. 517; Stephens v. Railroad, 86 Mo. 221. (2) The order of Ross Quinley, by a wave of the hand, was not such an order as justified the'plaintiff to put himself into known danger.
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Appeal from the Iron Circuit Court. — Hon. J. L. Thojvtas, Judge. The court erred in not sustaining the defendant’s demurrer to the testimony, at the close of the evidence introduced by the plaintiff. MeDermot v. Railroad, 73 Mo. 517; Stephens v. Railroad, 86 Mo. 221. (2) The order of Ross Quinley, by a wave of the hand, was not such an order as justified the'plaintiff to put himself into known danger. Wood on Master and Servant [2 Ed.] sec. 352; Demtt D. Railroad, 50 Mo. 322; Conroy v. Iron Works, 62 Mo. 35. ,(3) Tñe court erred in refusing to instruct the jury, at the close of the whole…
1Opinion of the CourtRombauer, P. J.
This is an action . for the recovery of damages alleged to have been caused to the plaintiff, a laborer, by the negligence of the defendant’s foreman, or vice-principal, in directing or ordering the plaintiff: to go to work in a place which the foreman knew, or ought to have known, was, owing to surrounding circumstances, extra hazardous. The answer contained a general denial and the plea of contributory negligence. Upon a trial before a jury the plaintiff recovered a verdict for one thousand dollars, which, considering the plaintiff’s injuries, was moderate. The errors assigned are that the…
2Cases cited6 opinions
- Moore v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1885
- McDermott v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1885
- Keim v. Union Railway & Transit Co.Supreme Court of Missouri · 1886
- Dowling v. Gerard B. Allen & Co.Supreme Court of Missouri · 1885
- Hoke v. St. Louis, Keokuk & Northern Railway Co.Supreme Court of Missouri · 1885
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3Cited by5 opinions
- Barrett v. ReardonSupreme Court of Minnesota · 1905
- Adolff v. Columbia Pretzel & Baking Co.Missouri Court of Appeals · 1903
- Hall v. St. Joseph Water Co.Missouri Court of Appeals · 1892
- Claybaugh v. Kansas City, Fort Scott & Memphis Railway Co.Missouri Court of Appeals · 1894
- Smith v. Acme Boiler & Tank Co.Supreme Court of Missouri · 1930