Smith v. Little Pittsburg Coal Co.
Missouri Court of Appeals
Appeal from the Macon Circuit Court. — Hon. Andrew Ellison, Judge. (1) The court should have given the instruction asked by defendant at the close of plaintiff’s evidence, which was in the nature of a demurrer to plaintiff’s evidence, as all of the evidence in the case shows that deceased was an experienced miner, forty-three years of age, and that he had worked in the mine and in the roadway where the injury occurred, for seventeen months continuously, just prior to the…
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Appeal from the Macon Circuit Court. — Hon. Andrew Ellison, Judge. (1) The court should have given the instruction asked by defendant at the close of plaintiff’s evidence, which was in the nature of a demurrer to plaintiff’s evidence, as all of the evidence in the case shows that deceased was an experienced miner, forty-three years of age, and that he had worked in the mine and in the roadway where the injury occurred, for seventeen months continuously, just prior to the injury. And the evidence shows that his work and his duty in connection with that mine necessarily made him more familiar…
1Opinion of the Court
Smith, P. J. —
*179statement *178Action by plaintiff to recover damages for the death of her husband which took place while he was at work for defendant in its coal mines. The undisputed evidence showed the case to be. about *179: Mr. Howe, the pit boss, had control-of the defendant’s mines and of the persons engaged at work therein. It was the duty of the pit boss to direct when brushing should be done and rocks removed out of the roof entries and to furnish timbers when required to prop up and make safe the mine entries. The plaintiff’s husband and one Johnson were night roadmen in the defendant’s…
2Cases cited13 opinions
- Huhn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Stephens v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1888
- Parsons v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Bradley v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Missouri · 1897
- O'Mellia v. Kansas CitySupreme Court of Missouri · 1893
8 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Hamman v. Central Coal & Coke Co.Supreme Court of Missouri · 1900
- Wendall v. Chicago & Alton Railway Co.Missouri Court of Appeals · 1903
- Zongker v. People's Union Mercantile Co.Missouri Court of Appeals · 1905
- Shore v. American Bridge Co.Missouri Court of Appeals · 1905
- Clippard v. St. Louis Transit Co.Supreme Court of Missouri · 1907
11 more not listed; retrieve them via the Exa API.