Epperson v. Postal Telegraph Cable Co.
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. H. L. Scarritt, Judge. (1) Under all the circumstances of this case the evidence affirmatively sho-ws that the foreman was not only guilty of no negligence in inspecting the wire, but that he exercised extra-ordinary care in so doing before he ordered the plaintiff to. ascend the pole. Defendant was not- bound to adopt a system of inspection-which would absolutely insure plaintiff -against injury.
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Appeal from Jackson Circuit Court. — Hon. H. L. Scarritt, Judge. (1) Under all the circumstances of this case the evidence affirmatively sho-ws that the foreman was not only guilty of no negligence in inspecting the wire, but that he exercised extra-ordinary care in so doing before he ordered the plaintiff to. ascend the pole. Defendant was not- bound to adopt a system of inspection-which would absolutely insure plaintiff -against injury. In any event, plaintiff knew what inspection had been made, and he made no objection to it, therefore, as to him, the inspection was not negligent. Elood v.…
1Opinion of the CourtSherwood, J.
Action for $10,000 damages for injuries received while acting as lineman for defendant corpora*350tion, and through alleged negligence of defendant. The cause was tried on the first count in plaintiff’s petition which is nearly seven printed pages in length, and, in substance, the following: That defendant, a corporation, was proprietor of, operating and constructing a line of telegraph from Chicago, 111., to Indianapolis, Ind.; that such line was operated by means of wires stretched on poles, and a large gang of men was employed for the purpose of constructing such line, plaintiff being one of…
2Cases cited49 opinions
- Searles v. . Manhattan Railway CompanyNew York Court of Appeals · 1886
- Gibson v. . Erie Railway Co.New York Court of Appeals · 1875
- Hayden v. Smithville Manufacturing Co.Supreme Court of Connecticut · 1861
- Smith v. First National BankMassachusetts Supreme Judicial Court · 1868
- Davis v. Detroit & Milwaukee Rail RoadMichigan Supreme Court · 1870
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3Cited by33 opinions
- Warner v. St. Louis & Meramec River RailroadSupreme Court of Missouri · 1903
- St. Louis Cordage Co. v. MillerCourt of Appeals for the Eighth Circuit · 1903
- Wills v. Berberich's Delivery Co.Supreme Court of Missouri · 1939
- Fisher v. Central Lead Co.Supreme Court of Missouri · 1900
- Goransson v. Riter-Conley Manufacturing Co.Supreme Court of Missouri · 1905
28 more not listed; retrieve them via the Exa API.