Piorkowski v. A. Leschen & Sons Rope Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. J. Hugo Grimm, Judge. (1) It is not negligence for a master to order a servant to do certain work or quit the employment of the master. Pulley v. Standard Oil Co., 136 Mo. App. 175. (2) (a) There is no evidence that plaintiff did not understand the danger, (b) Tke danger was open and obvious, hence instructions were unnecessary and would have been useless. Nugent v. Milling Co., 131 Mo. 241; Hirsch v. Freund Bros.
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Appeal from St. Louis City Circuit Court. — Hon. J. Hugo Grimm, Judge. (1) It is not negligence for a master to order a servant to do certain work or quit the employment of the master. Pulley v. Standard Oil Co., 136 Mo. App. 175. (2) (a) There is no evidence that plaintiff did not understand the danger, (b) Tke danger was open and obvious, hence instructions were unnecessary and would have been useless. Nugent v. Milling Co., 131 Mo. 241; Hirsch v. Freund Bros. Bread Co., 150 Mo. App. 162; Stegman v. Gerber, 146 Mo.' App. 104; Bair v. Heibel, 103 Mo. App. 621, Pohlman v. American Car and…
1Opinion of the CourtAllen, J.
This is an action for personal injuries sustained, by plaintiff while in the employ of the defendant corporation as its servant, and alleged to have been occasioned by defendant’s negligence. The suit was instituted before a justice of the peace where plaintiff had judgment. Upon defendant’s appeal to the circuit court and a trial there de novo, before the court and a jury, plaintiff suffered a nonsuit at the close of his case. Thereafter on plaintiff’s motion the court set aside the nonsuit and granted plaintiff a new trial.From the order granting a new trial defendant prosecutes this appeal.
2Cases cited2 opinions
- Braden v. Chicago Burlington & Quincy RailroadMissouri Court of Appeals · 1913
- Maupin v. MillerMissouri Court of Appeals · 1912
3Cited by3 opinions
- Kirkpatrick v. American Creosoting Co.Missouri Court of Appeals · 1931
- Baker v. LuskMissouri Court of Appeals · 1918
- Petty v. BoevingMissouri Court of Appeals · 1924