Jones v. Pioneer Cooperage Co.
Missouri Court of Appeals
Appeal from Stoddard Circuit Court. — No». J. L. Fort, Judge. (1) Every man is tbe judge of Ms own physical capacity, and if he injures himself by miscalculating this, or overstraining himself, and injury result therefrom;, he cannot recover damages from the employer for whom he voluntarily undertook to do such work. Havi-land v. Railroad, 172 Mo. 106; Leitner v. Grieb, 104 Mo.
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Appeal from Stoddard Circuit Court. — No». J. L. Fort, Judge. (1) Every man is tbe judge of Ms own physical capacity, and if he injures himself by miscalculating this, or overstraining himself, and injury result therefrom;, he cannot recover damages from the employer for whom he voluntarily undertook to do such work. Havi-land v. Railroad, 172 Mo. 106; Leitner v. Grieb, 104 Mo. App. 173. (2) The court erred in allowing evidence to go to the jury to the effect that defendant’s liability against damages in this case had been insured, and that if plaintiff obtained a judgment, the insurance…
1Opinion of the CourtBland, P. J.
(after stating the facts). — 1. At the close of plaintiff’s evidence, defendant moved the court to instruct that he could not recover. The refusal of the court to grant this instruction is assigned as error. The contention is that plaintiff’s injury resulted from overexertion in trying to do something beyond his strength and was the result of his own overestimation of his strength; if this contention is borne out by the' evidence then plaintiff cannot recover. [Haviland v. Railway, 172 Mo. 106.] We do not understand that plaintiff predicates his right of action on the fact that he was ordered…
2Cases cited5 opinions
- Bradley v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Missouri · 1897
- Knorpp v. WagnerSupreme Court of Missouri · 1906
- Haviland v. Kansas City, Pittsburg & Gulf RailroadSupreme Court of Missouri · 1903
- Lee v. St. Louis, Memphis & Southeastern RailroadMissouri Court of Appeals · 1905
- Beasley v. Linehan Transfer Co.Supreme Court of Missouri · 1899
3Cited by3 opinions
- Boll v. Condie-Bray Glass & Paint Co.Supreme Court of Missouri · 1928
- Ehrenberger v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1918
- McFarland v. B. F. Goodrich Rubber Co.Court of Appeals for the Eighth Circuit · 1931