Brothers v. Cartter
Supreme Court of Missouri
Jlpj)ealfrom St. Louis Circuit Court. I. The plaintiff could judge of the sufficiency of the braces, and other timbers, as well as the defendants. In such cases the master is not liable. (Williams ys. Clough, 3 LL & Nv 259; Dynen ys. Leach, 26 Law Journal, [N. S.] Excli., 221; Wright ys. N. Y. Cent. R. R., 23 N. Y., 566.; Hayden ys. Smithville Manuf’g Co., 29 Conn., 548; Griffith vs. Gidlow, 3 Hurlst, & Norm., 648; Devittvs. Pac, R. R., 50 Mo., 302; Warner ys.
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Jlpj)ealfrom St. Louis Circuit Court. I. The plaintiff could judge of the sufficiency of the braces, and other timbers, as well as the defendants. In such cases the master is not liable. (Williams ys. Clough, 3 LL & Nv 259; Dynen ys. Leach, 26 Law Journal, [N. S.] Excli., 221; Wright ys. N. Y. Cent. R. R., 23 N. Y., 566.; Hayden ys. Smithville Manuf’g Co., 29 Conn., 548; Griffith vs. Gidlow, 3 Hurlst, & Norm., 648; Devittvs. Pac, R. R., 50 Mo., 302; Warner ys. Erie R. R. Co., 39 N. Y., 410 ; Ormond vs. Holland, El. B. & El., 100.) II. The evidence showed that the failure to supply was the act…
1Opinion of the CourtWagner, Judge
This was an action for damages received by the plaintiff while in the employ of defendants in the construction of a bridge across.the Aux Yasse river, in the County of Callaway, Missouri, for the Fulton and Jefferson Branch of the Louisiana and Missouri Railroad. The material averment in the *374petition is, that while plaintiff was at work on the bridge, one span fell, and plaintiff was precipitated a distance of seventy-three feet upon the rock and debris beneath, and was thereby seriously injured.
The cause of the falling of this span of the bridge is alleged to have been the insufficiency in…
2Cases cited4 opinions
- Gibson v. Pacific RailroadSupreme Court of Missouri · 1870
- Harper v. Indianapolis & St. Louis RailroadSupreme Court of Missouri · 1871
- McDermott v. Pacific RailroadSupreme Court of Missouri · 1860
- Rohback v. Pacific RailroadSupreme Court of Missouri · 1869
3Cited by32 opinions
- Fort Worth Elevators Co. v. RussellTexas Supreme Court · 1934
- Indiana Car Co. v. ParkerIndiana Supreme Court · 1885
- Lewis v. St. Louis & Iron Mountain RailroadSupreme Court of Missouri · 1875
- Beeson v. Green Mountain Gold Mining Co.California Supreme Court · 1880
- O'Mellia v. Kansas CitySupreme Court of Missouri · 1893
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