Knight v. Sadtler Lead & Zinc Co.
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Eon. J. D. Perkins, Judge. (1) Plaintiff’s instruction No. 1 is erroneous, in that it requires defendant to make the mouth of its shaft reasonably safe, when its duty was only to exercise ordinary and reasonable care to do this. Bradley v. Railroad, 138- Mo. 293; Higgins v. Railroad, 43 Mo. App. 547; Blanton v. Dold, 109 Mo. 64; Eriel v. Railroad, 115 Mo. 503; Bohn v. Railroad, 106 Mo. 429; Beming v. Medart, 56 Mo.
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Appeal from Jasper Circuit Court. — Eon. J. D. Perkins, Judge. (1) Plaintiff’s instruction No. 1 is erroneous, in that it requires defendant to make the mouth of its shaft reasonably safe, when its duty was only to exercise ordinary and reasonable care to do this. Bradley v. Railroad, 138- Mo. 293; Higgins v. Railroad, 43 Mo. App. 547; Blanton v. Dold, 109 Mo. 64; Eriel v. Railroad, 115 Mo. 503; Bohn v. Railroad, 106 Mo. 429; Beming v. Medart, 56 Mo. App. 443; Gormully & Jeffrey Mfg. Co. v. Olson, 72 Ill. App. 32. (2) This instruction further errs in declaring the duty of defendant to be to…
1Opinion of the Court
BROADDUS, J".
— This is an action for the alleged negligent killing of plaintiff’s husband while in defendant’s employ. The defendant was engaged in mining, and had two shafts connected by a track laid about on the natural surface of the ground, one end of which was about seven feet lower than the other. This track was about three hundred and fifty-five feet long. Erom the evidence and a diagram included in the abstract the down grade extended almost two-thirds of the length of the track. The balance of the track was practically level if not slightly up grade. There were cars and switches on…
2Cited by2 opinions
- Spalding v. RobertsonSupreme Court of Missouri · 1947
- Dunn v. NicholsonMissouri Court of Appeals · 1906