Rigsby v. Oil Well Supply Co.
Missouri Court of Appeals
Appeal from Butler Circuit Court. — Hon. James L. Fort, Judge. (1) The obligation of the master towards its servants required it to furnish suitable tools and appliances and a reasonably safe place for the doing of the work demanded of its servants. Herdler v. Buck’s Stove and Range Co., 136 Mo. 3; Doyle v. Missouri, Kansas & Texas Trust Co., 140 Mo. 1; Rogers v. Meyerson Printing Co., 103 M'o. App. 683; Reichla v. G-ruensfelder, 52 Mo.
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Appeal from Butler Circuit Court. — Hon. James L. Fort, Judge. (1) The obligation of the master towards its servants required it to furnish suitable tools and appliances and a reasonably safe place for the doing of the work demanded of its servants. Herdler v. Buck’s Stove and Range Co., 136 Mo. 3; Doyle v. Missouri, Kansas & Texas Trust Co., 140 Mo. 1; Rogers v. Meyerson Printing Co., 103 M'o. App. 683; Reichla v. G-ruensfelder, 52 Mo. App. 43; Turner v. Haar, 114 Mo. 335. The duty of seeing that the place, tools and appliances are such that the servant can perform his duties with reasonable…
1Opinion of the CourtNortoni, J.
(after stating the facts). — The question with which we are called upon to deal, is, did the trial court err in peremptorily directing a verdict for defendant' at the close of all the evidence? We are inclined to the opinion that the facts developed made a proper case for the jury.
1. In support of the action of the court below, respondent advances, first, the argument that appellant assumed the risk and that he is therefore precluded from recovery. This defense is not pleaded in the answer and would not be open for review here were it not for the fact that on the trial, evidence tending to…
2Cases cited26 opinions
- Armour v. HahnSupreme Court of the United States · 1884
- Huhn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Browning v. Wabash Western Railway Co.Supreme Court of Missouri · 1894
- Bradley v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Missouri · 1897
- Doyle v. Missouri, Kansas & Texas Trust Co.Supreme Court of Missouri · 1897
21 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Jewell v. Kansas City Bolt & Nut Co.Supreme Court of Missouri · 1910
- Patrum v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1914
- Hales v. RainesMissouri Court of Appeals · 1911
- Belevicze v. Platt Bros & Co.Supreme Court of Connecticut · 1911
- Greer v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1913
21 more not listed; retrieve them via the Exa API.