Spencer v. Bruner
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Now. John W. Halliburton, Special Judge. (1) Instead of showing tbe condition, and the usual and ordinary method of handling such situations in the mines of the district, the witness was permitted to tell what he would have done, and to say that the way, in his opinion, to mine is to. timber and put up stringpoles and wood over it, and keep everything from dropping on the men.
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Appeal from Jasper Circuit Court. — Now. John W. Halliburton, Special Judge. (1) Instead of showing tbe condition, and the usual and ordinary method of handling such situations in the mines of the district, the witness was permitted to tell what he would have done, and to say that the way, in his opinion, to mine is to. timber and put up stringpoles and wood over it, and keep everything from dropping on the men. And then he adds, over defendant’s objection, that his methed would make the drift safe for men to work under. All this was error, and of the most prejudicial character. (2) The…
1Opinion of the CourtJohnson, J.
Action of a servant against his master to recover damages for personal injuries alleged to have been caused by the master’s negligence. Judgment was for plaintiff in the sum of two thousand three hundred and seventy-five dollars, and the cause is before us on the appeal of defendant.
At the time of the injury, Monday, May 24, 1903, defendant was operating a lead and zinc mine, and plaintiff was employed therein as a shoveler. Prom the wall of a long drift which was about twenty feet wide and twenty-five or thirty feet in its perpendicular dimension, defendant had begun to cut a smaller drift,…
2Cases cited1 opinion
- Leidy v. CarsonMissouri Court of Appeals · 1905
3Cited by11 opinions
- Ridenour v. Wilcox Mines Co.Missouri Court of Appeals · 1912
- Hartman v. Union Electric Light & Power Co.Supreme Court of Missouri · 1932
- Tuttle v. Kline's, Inc.Missouri Court of Appeals · 1935
- Schiller v. Kansas City Breweries Co.Missouri Court of Appeals · 1911
- Wallower v. City of Webb CityMissouri Court of Appeals · 1913
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