Bennett v. Himmelberger-Harrison Lumber Co.
Missouri Court of Appeals
Appeal from New Madrid Circuit Court. — No». Henry O. Riley, Judge. (1) By the uncontradicted testimony of all the witnesses, the appellant furnished the respondent with new, approved and perfect climbing spurs — such as are used by all climbers — and that the “graft”' or “spike” on these climbing spurs were changed by request and direction of appellant who had used them and who alone was to use them. Where this is so the master is not liable. 4 Thompson on Neg.
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Appeal from New Madrid Circuit Court. — No». Henry O. Riley, Judge. (1) By the uncontradicted testimony of all the witnesses, the appellant furnished the respondent with new, approved and perfect climbing spurs — such as are used by all climbers — and that the “graft”' or “spike” on these climbing spurs were changed by request and direction of appellant who had used them and who alone was to use them. Where this is so the master is not liable. 4 Thompson on Neg. (2 Ed.), 635, section 4616, and cases cited; also sec. 4654 on page 683 and cases cited; also sec. 4659, p. 674. (2) There was no…
1Opinion of the CourtBland, P. J.
(after stating the facts). — 1. Aside from the release, we think plaintiff was entitled to have his case submitted to the jury. In respect to the release, he was bound by it, whether he read it or not. He could read, and his duty -was to read it before signing it and he ought not now to be heard to say he did not read it when he had every opportunity to do- so. In the language of Gantt, Judge, in Mateer v. Railway, 105 Mo. l. c. 352, 16 S. W. 839; “To permit such a ruling, would unsettle the business affairs of the country.” In Porter v. Woods, 138 Mo., the defendant sought to avoid an…
2Cases cited13 opinions
- Browning v. Wabash Western Railway Co.Supreme Court of Missouri · 1894
- Bowen v. Chicago, Burlington & Kansas City Railway Co.Supreme Court of Missouri · 1888
- Och v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1895
- Tabler v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1887
- Snider v. Adams Express Co.Supreme Court of Missouri · 1876
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3Cited by1 opinion
- Anderson v. Meyer Bros. Drug Co.Missouri Court of Appeals · 1910