Pauck v. St. Louis Dressed Beef & Provision Co.
Supreme Court of Missouri
Appeal from the St. Louis City Circuit Court. — Hon. Horatio D. Wood, Judge. (1) Plaintiff’s right of action was not, as a matter of law, barred by any “assumption of risk” on his part by reason of his having remained in the employ of the defendant after he had some reason to know that' the switching apparatus was defective, especially in view of the repairs made by the master ; and the question of his contributory negligence in so doing was, under the circumstances in this…
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Appeal from the St. Louis City Circuit Court. — Hon. Horatio D. Wood, Judge. (1) Plaintiff’s right of action was not, as a matter of law, barred by any “assumption of risk” on his part by reason of his having remained in the employ of the defendant after he had some reason to know that' the switching apparatus was defective, especially in view of the repairs made by the master ; and the question of his contributory negligence in so doing was, under the circumstances in this case, for the jury to determine. This is the point upon which this case turns. (a) The danger was from defective…
1Opinion of the CourtBurgess, J.
This is an action for damages for personal injuries alleged to have been sustained by plaintiff while in the service of defendant as laborer, because of its negligence in not furnishing him reasonably safe appliances used by him in and about his work.
The defenses were contributory negligence on the part of plaintiff, and the assumption of the risk by him.
At the time of the accident defendant was the owner and operator of a large beef slaughtering and packing establishment in the city of St. Louis.
On the main floor was a room about eighty feet long from north to south and about sixty feet wide…
2Cases cited6 opinions
- Huhn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- O'Mellia v. Kansas CitySupreme Court of Missouri · 1893
- Settle v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1895
- Swadley v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1893
- Nicholds v. Crystal Plate Glass Co.Supreme Court of Missouri · 1894
1 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Curtis v. McNairSupreme Court of Missouri · 1903
- Wendler v. People's House Furnishing Co.Supreme Court of Missouri · 1901
- Blundell v. Wm. A. Miller Elevator Manufacturing Co.Supreme Court of Missouri · 1905
- Charlton v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1906
- George v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1910
30 more not listed; retrieve them via the Exa API.