Bohn v. Chicago, Rock Island & Pacific Railway Co.
Supreme Court of Missouri
Appeal from Clinton Circuit Court. — Hon. James M. Sandusky, Judge. (1) Instruction, numbered 1, asked by defendant should have been given. There is no evidence tending to show that defendant was negligent in furnishing the piece of timber that broke, or that it was defective, improper or insufficient. . The evidence shows the ■contrary.
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Appeal from Clinton Circuit Court. — Hon. James M. Sandusky, Judge. (1) Instruction, numbered 1, asked by defendant should have been given. There is no evidence tending to show that defendant was negligent in furnishing the piece of timber that broke, or that it was defective, improper or insufficient. . The evidence shows the ■contrary. Shultz v. Railroad, 36 Mo. 1; Smith v. Railroad, 37 Mo. 287; McDermott ». Railroad, 87 Mo. 285; Condon v. Railroad, 78 Mo. 572; Bowen v. Railroad, 95 Mo. 268; Wood on Master & Servant, sees. 382, 419 ; Shearman & Redf. on Neg.,sec. 99 ; Railroads. Troesch, 68…
1Opinion of the CourtBlack, J.
A prize-pole broke and fell upon the plaintiff, inflicting the injuries of which he complains, while he and fifteen or twenty laborers were engaged in raising a broken turntable upon which there was an engine and tender. It is alleged in the petition that defendant “negligently and carelessly furnished for the use of such employes, including the plaintiff, unsafe and improper timbers, prize-poles and means of leverage for use in so raising and replacing such track, *432railing and engine, in consequence of which such prize-pole broke, gave way and fell upon plaintiff,” injuring .him so that he…
2Cited by18 opinions
- Carson v. TurrishSupreme Court of Minnesota · 1918
- Taylor v. Grand Avenue RailwaySupreme Court of Missouri · 1904
- Klebe v. Parker Distilling Co.Supreme Court of Missouri · 1907
- Removich v. Bambrick Bros. Construction Co.Supreme Court of Missouri · 1915
- Garven v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1903
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