Kelley v. Lawrence
Supreme Court of Missouri
Error to Daviess Circuit Court. — Hon. J. W. Alexander, Judge. (1) Regardless of what may be said as to tbe liability of Crain, there is no reason why tbe rule that “tbe master is bound to take ordinary and reasonable care not to subject bis servant to unreasonable, extraordinary dangers by sending bim to work in dangerous buildings, or dangerous premises, or with dangerous tools, machinery or appliances, and if failing in bis duty in any of tbe respects mentioned and tbe…
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Error to Daviess Circuit Court. — Hon. J. W. Alexander, Judge. (1) Regardless of what may be said as to tbe liability of Crain, there is no reason why tbe rule that “tbe master is bound to take ordinary and reasonable care not to subject bis servant to unreasonable, extraordinary dangers by sending bim to work in dangerous buildings, or dangerous premises, or with dangerous tools, machinery or appliances, and if failing in bis duty in any of tbe respects mentioned and tbe servant in consequence thereof is injured, tbe master is liable therefor,” should not apply to tbe employers of plaintiff,…
1Opinion of the CourtFox, J.
— This cause is here upon a writ of error sued out by the plaintiff for the purpose of having the judgment and proceedings of the Daviess Circuit Court, in the above cause, reviewed by this court.
This is an action for personal injuries, and is predicated upon substantially the following state of facts:
On the 22d day of March, A. D. 1900, and prior thereto, defendants M. W. Lawrence and John J. Enyeart were engaged in the sale of hardware, implements, buggies, etc., at Gallatin, Daviess county, Missouri. The hardware was kept in the first floor of the building on the east side of the square,…
2Cases cited2 opinions
- Sindlinger v. City of KansasSupreme Court of Missouri · 1895
- York v. Kansas City, Clinton & Springfield Railway Co.Supreme Court of Missouri · 1893
3Cited by9 opinions
- De Motte v. ArkellCalifornia Court of Appeal · 1926
- Ellis v. McNeeseCalifornia Court of Appeal · 1930
- Dixon v. LobensteinTennessee Supreme Court · 1939
- Hill v. Terminal Railroad Ass'n. of St. LouisSupreme Court of Missouri · 1948
- Wellinger v. Terminal Railroad Assn. of St. LouisSupreme Court of Missouri · 1944
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