Conroy v. Vulcan Iron Works
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. The failure of the respondent to comply with the assurance that the defect should be remedied, amounted to gross neglect on the part of respondent, which made it liable for any injury resulting therefrom. The platform was not so obviously and immediately dangerous that a man of common prudence wonld have refused to use it. Whether such was the fact was however a question which ought to have been submitted to the jury.
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Appeal from St. Louis Circuit Court. The failure of the respondent to comply with the assurance that the defect should be remedied, amounted to gross neglect on the part of respondent, which made it liable for any injury resulting therefrom. The platform was not so obviously and immediately dangerous that a man of common prudence wonld have refused to use it. Whether such was the fact was however a question which ought to have been submitted to the jury. (Patterson vs. Pittsburgh E. E. Co., 76 Penn. St., 389.) The plaintiff knew the danger to which he was exposing himself, and continued in…
1Opinion of the CourtWagner, Judge
The court in this case gave an instruction that there was no evidence upon which the plaintiff could recover, whereupon he took a non-suit, and there being a refusal to set the same aside, an appeal was taken to this court.
It was alleged in the petition that the plaintiff was in the employ of the defendant, in and about the coal hoist, and through the defective construction of the hoist he was thrown *37under a coal car and injured ; that the injury resulted to him while he was in the discharge of his duty, and was caused directly by the fault, want of care, and negligence of the defendant in…
2Cases cited2 opinions
- Dolner v. The MonticelloU.S. Circuit Court for the District of Massachusetts · 1870
- Devitt v. Pacific RailroadSupreme Court of Missouri · 1872
3Cited by70 opinions
- Hough v. Railway Co.Supreme Court of the United States · 1880
- Thorpe v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1886
- Missouri Furnace Co. v. AbendIllinois Supreme Court · 1883
- Jewell v. Kansas City Bolt & Nut Co.Supreme Court of Missouri · 1910
- Devlin v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1885
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