Miller v. Missouri & Kansas Telephone Co.
Missouri Court of Appeals
Appeal from Pettis Circuit Court. — Hon. Louis Hoffman, Judge. (1) Defendant was not negligent. Howard y. Eailroad, 173 Mo. 524; Herington y. Eailroad, 104 Mo. App. 663. (2) The employer is required to use only reasonable and ordinary care in providing safe appliances and safe places. to work. Howard y. Eailroad, 173 Mo. 524; Franklin y. Eailroad, 97 M'o.
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Appeal from Pettis Circuit Court. — Hon. Louis Hoffman, Judge. (1) Defendant was not negligent. Howard y. Eailroad, 173 Mo. 524; Herington y. Eailroad, 104 Mo. App. 663. (2) The employer is required to use only reasonable and ordinary care in providing safe appliances and safe places. to work. Howard y. Eailroad, 173 Mo. 524; Franklin y. Eailroad, 97 M'o. App.-473. (3) The master is not liable for a defect unless be knew or by tbe exercise of ordinary diligence should have known, of the defect. Kelley v. Eailroad, 105 Mo. App. 365; Howard y. Eailroad, 173 Mo. 524; Franklin y. Eailroad, 97 Mo.…
1Opinion of the CourtJohnson, J.
Action by a servant against his master to recover damages for personal injuries alleged to have been caused by the negligence of the master. The answer, in addition to a general denial, contains the defenses of assumed risk and contributory negligence. Plaintiff prevailed in the trial court where the jury returned a verdict for him in the sum of $5000, and the cause is before us on defendant’s appeal.
It is argued by counsel for defendant, with much earnestness and ability that the demurrer to the evidence should have been sustained and, first, we shall address ourselves to that argument. The…
2Cases cited7 opinions
- McIsaac v. Northampton Electric Lighting Co.Massachusetts Supreme Judicial Court · 1898
- Epperson v. Postal Telegraph Cable Co.Supreme Court of Missouri · 1900
- McGorty v. Southern New England Telephone Co.Supreme Court of Connecticut · 1897
- Roberts v. Missouri & Kansas Telephone Co.Supreme Court of Missouri · 1902
- Junior v. Missouri Electric Light & Power Co.Supreme Court of Missouri · 1895
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3Cited by3 opinions
- Hulse v. Home Telephone Co.Missouri Court of Appeals · 1912
- Rutledge v. SwinneyMissouri Court of Appeals · 1913
- Miller v. SnyderMissouri Court of Appeals · 1910