Berning v. Medart
Missouri Court of Appeals
Appeal from the St. Louis County Circuit Court. — Hon. Rudolph Hibzb'l, Judge. (1) Where a servant seeks to recover damages from Ms master for injuries received from the bursting of an emery wheel, and bases his right to recover on the ground that the master was guilty of negligence in not providing a safe wheel and in not guarding the same properly, evidence that there was a different kind of •emery wheel used in other departments of the master’s ■establishment is…
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Appeal from the St. Louis County Circuit Court. — Hon. Rudolph Hibzb'l, Judge. (1) Where a servant seeks to recover damages from Ms master for injuries received from the bursting of an emery wheel, and bases his right to recover on the ground that the master was guilty of negligence in not providing a safe wheel and in not guarding the same properly, evidence that there was a different kind of •emery wheel used in other departments of the master’s ■establishment is incompetent, immaterial and irrelevant. The same statement is true of the evidence that different kinds of guards were in use in…
1Opinion of the CourtRombauer, P. J.
— The plaintiff recovered a judgment for $500 damages, alleged to have been caused tobim by the bursting of an emery wheel while he was in the defendant’s employ as a laborer, and was grinding a pulley on such wheel under the defendant’s orders. The plaintiff suffered serious injuries, and there was some evidence that they were permanent in their character. It must be conceded that, if the plaintiff is entitled to recover at all, the amount of recovery is fully warranted by the evidence. •
The defendant, who appeals, contends that the plaintiff is not entitled to recover upon his own showing;…
2Cases cited6 opinions
- Smith v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1878
- Kern v. DeCastro & Donner Sugar Refining Co.New York Court of Appeals · 1890
- Breen v. St. Louis Cooperage Co.Missouri Court of Appeals · 1892
- Fugler v. BotheMissouri Court of Appeals · 1890
- Anderson v. ClarkMassachusetts Supreme Judicial Court · 1892
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Strottman v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1910
- Wendall v. Chicago & Alton Railway Co.Missouri Court of Appeals · 1903
- A. M. Stevens Lumber Co. v. Kansas City Lumber Co.Missouri Court of Appeals · 1897
- Wray v. Southwestern Electric Light & Water Power Co.Missouri Court of Appeals · 1897
- Ordelheide v. Wabash Railroad Co.Missouri Court of Appeals · 1899
4 more not listed; retrieve them via the Exa API.