Whaley v. Coleman
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Hon. Hugh G. Dabbs, Judge.. (1) Under tbe admitted facts in this case, as disclosed by tbe record, tbe trial court erred in refusing tbe defendant’s peremptory instruction asked at tbe close of tbe plaintiff’s evidence and again at tbe close of the whole case. King v. Morgan, 109 Fed. Rep. 446, 10 Am. Neg.
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Appeal from Jasper Circuit Court. — Hon. Hugh G. Dabbs, Judge.. (1) Under tbe admitted facts in this case, as disclosed by tbe record, tbe trial court erred in refusing tbe defendant’s peremptory instruction asked at tbe close of tbe plaintiff’s evidence and again at tbe close of the whole case. King v. Morgan, 109 Fed. Rep. 446, 10 Am. Neg. Rep. 200; Livengood v. Lead & Zinc Co., 179 Mo. 229; Browne v. King, 100 Fed. 561; Kopf v. Stone Co., 95 N. W. 72; Allard v. Hildreth (Mass.), 5 Am. Neg. Rep. 610; Wiskie v. Granite Co., 10 Am. Neg. Rep. 634; Lanza v. Qnarry Cop 11 Am.- Neg. Rbp. 209;…
1Opinion of the CourtBroaddus, P. J.
— The plaintiff’s suit is for damages alleged to have been sustained by him while in the employ of defendants, a zinc mining copartnership. The plaintiff, an experienced miner, was injured on August 5, 1902, by the premature explosion of a stick of giant powder which the plaintiff’s assistant, under his direction, was pushing into a drilled hole, using for the purpose the shank of a steel drill. It was shown that the holes after being drilled were usually filled with thé explosive late on each day and exploded before the next shift of miners began their work. The hole into which plaintiff and…
2Cases cited12 opinions
- Northern Pacific Railroad v. MaresSupreme Court of the United States · 1887
- Hamman v. Central Coal & Coke Co.Supreme Court of Missouri · 1900
- Hamilton v. Rich Hill Coal Mining Co.Supreme Court of Missouri · 1891
- Holloran v. Union Iron & Foundry Co.Supreme Court of Missouri · 1896
- Francis v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1895
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3Cited by2 opinions
- Erwin v. Missouri & Kansas Telephone Co.Missouri Court of Appeals · 1913
- Holman v. E. E. Souther Iron Co.Missouri Court of Appeals · 1911