Henry v. Disbrow Mining Co.
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Hon. Henry L. Bright, Judge. (1) Under the facts, the plaintiff was either a trespasser or a licensee without invitation. If he was even a licensee without invitation plaintiff owed him no affirmative duty, but only the obligation not to recklessly or purposely injure him. Shaw v. Goldman, 116 Mo. App. 340; Lowenstein v. Railroad, 134 Mo. App. 30; Yarnall v. ■ Railroad, 75 Mo. 573; Berry v. Cemetery Assn., 106 Mo.
Read the full summary
Appeal from Jasper Circuit Court. — Hon. Henry L. Bright, Judge. (1) Under the facts, the plaintiff was either a trespasser or a licensee without invitation. If he was even a licensee without invitation plaintiff owed him no affirmative duty, but only the obligation not to recklessly or purposely injure him. Shaw v. Goldman, 116 Mo. App. 340; Lowenstein v. Railroad, 134 Mo. App. 30; Yarnall v. ■ Railroad, 75 Mo. 573; Berry v. Cemetery Assn., 106 Mo. App. 358; Glassner v. Rothchild, 106 Mo. App. 418; Smith v. Packing Co., 87 Mo. App. 9; Eisenberg v. Railroad, 33 Mo. App. 85; Smith v. Day, 86…
1Opinion of the CourtGray, J.
Plaintiff recovered judgment in the trial court for seven thousand dollars damages for personal injuries alleged to have been caused by the negligence and carelessness of the defendant, from which judgment defendant appealed.
The defendant, in January, 1909, and for some time prior thereto, Avas engaged in operating a lead and zinc mine in Jasper county, under a mining lease covering twenty mining lots, each two hundred feet square. There were running across the defendant’s land several spurs of the Frisco Eailway track and these were used in loading ore and gravel from the mine of the…
2Cases cited15 opinions
- Beck v. . CarterNew York Court of Appeals · 1877
- Paddock v. SomesSupreme Court of Missouri · 1890
- Binford v. JohnstonIndiana Supreme Court · 1882
- Kelly v. BenasSupreme Court of Missouri · 1909
- Briscoe v. Henderson Lighting & Power Co.Supreme Court of North Carolina · 1908
10 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Porchey v. KellingSupreme Court of Missouri · 1945
- Savage v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1931
- Wolfson v. ChelistMissouri Court of Appeals · 1955
- Schaaf v. St. Louis Basket & Box Co.Missouri Court of Appeals · 1910
- Nesbit v. WebbSupreme Court of Virginia · 1913
2 more not listed; retrieve them via the Exa API.