Shea v. Kansas City, Fort Scott & Memphis Railroad
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. J. H. Sloveb, Judge. Defendant’s demurrer to the evidence should have been sustained, and its instruction numbered 1, directing a verdict in its favor, should have been given. 1 Shearman & Redfield on Negligence [4 Ed.], sees. 189, 222; Wood’s Master and Servant [2 Ed.], secs. 326, 344, 345, 366, 372, 382, 676, 677; Fugler v. Bothe, 117 Mo. 475; Wray v. Electric Light Co., 68 Mo. App. 380; Musick v. Packing Co., 58Mo.
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Appeal from the Jackson Circuit Court. — Hon. J. H. Sloveb, Judge. Defendant’s demurrer to the evidence should have been sustained, and its instruction numbered 1, directing a verdict in its favor, should have been given. 1 Shearman & Redfield on Negligence [4 Ed.], sees. 189, 222; Wood’s Master and Servant [2 Ed.], secs. 326, 344, 345, 366, 372, 382, 676, 677; Fugler v. Bothe, 117 Mo. 475; Wray v. Electric Light Co., 68 Mo. App. 380; Musick v. Packing Co., 58Mo. App. 330; Watson v. Coal Co., 52 Mo. App. 366; Jackson v. R. R., 104 Mo. 448; Steinhauser v. Spraul, 127 Mo. 562; Marshall v. Hay…
1Opinion of the CourtGill, J.
At a trial in the circuit court plaintiff recovered a judgment against defendant for $1,000 *31because of personal injuries received by him while engaged in putting up ice in one of defendant’s ice houses at Thayer, Missouri, in February, 1895. Defendant appealed.
statement. The facts, as disclosed by the evidence, are substantially as follows: Plaintiff Shea, while in the defendant’s employ as an ordinary day laborer, was ordered to assist in filling some ice houses at Thayer. He had been working several days in one of the houses, .md that being about filled was ordered to another. This last was…
2Cases cited1 opinion
- Wray v. Southwestern Electric Light & Water Power Co.Missouri Court of Appeals · 1897
3Cited by3 opinions
- Poole v. Coakley & Williams Construction, Inc.Court of Appeals of Maryland · 2011
- Anderson v. Forrester-Nace Box Co.Missouri Court of Appeals · 1903
- Mellette v. Indianapolis Northern Traction Co.Indiana Court of Appeals · 1908