Coin v. John H. Talge Lounge Co.
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — Eon. G. A. Mosman, Judge. (1) The duty of the master to use ordinary care to furnish his servants with reasonably safe appliances is not a contractual obligation. It is a duty imposed by law. It arises by operation of law, because of the relation of master and servant, and not by virtue of the contract of employment.
Read the full summary
Appeal from Buchanan Circuit Court. — Eon. G. A. Mosman, Judge. (1) The duty of the master to use ordinary care to furnish his servants with reasonably safe appliances is not a contractual obligation. It is a duty imposed by law. It arises by operation of law, because of the relation of master and servant, and not by virtue of the contract of employment. G-awne v. Bicknell, 162 Fed. 587; Obanheim v. Axbuckle, 81 N. Y. Sup-p. 133; Dempsey v. Sawyer, 95 Me. 295; Louisville Hotel Co. v. Kaltenb-run, 80 S. W. 1163; Stewart v. Harmon, 70 Atl. 335; Curtis v. McNair, 173 Mo. 280; P'kippin v.…
1Opinion of the CourtGantt, P. J.
This is an action for damages from personal injuries received by the plaintiff, who was at the time an employee of the defendant company, which was engaged in the manufacture of lounges and folding beds, and in connection with said manufacture operated or caused to be operated certain band saws for the purpose of cutting the wood according to various designs for said lounges and beds.
In substance the plaintiff states that he was an employee of said defendant and engaged as an operator upon one of said band saws and that the motive power of said saw was furnished from the central steam plant…
2Cases cited11 opinions
- Patton v. Texas & Pacific Railway Co.Supreme Court of the United States · 1901
- Sweeney v. . Berlin and Jones Envelope Co.New York Court of Appeals · 1886
- Conroy v. Vulcan Iron WorksSupreme Court of Missouri · 1876
- Holloran v. Union Iron & Foundry Co.Supreme Court of Missouri · 1896
- Flynn v. Kansas CitySupreme Court of Missouri · 1883
6 more not listed; retrieve them via the Exa API.
3Cited by45 opinions
- Wills v. Berberich's Delivery Co.Supreme Court of Missouri · 1939
- Cech v. Mallinckrodt Chemical Co.Supreme Court of Missouri · 1929
- Schaum v. Southwestern Bell Telephone Co.Supreme Court of Missouri · 1934
- State Ex Rel. City of St. Charles v. HaidSupreme Court of Missouri · 1930
- Taylor v. WhiteTexas Commission of Appeals · 1919
40 more not listed; retrieve them via the Exa API.