Jackson ex rel. Jackson v. Butler
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Matthew G. Reynolds, Judge. (1) A master’s duty to use ordinary care to provide suitable appliances and a safe place to work is limited to so furnishing them for the performance of the functions for which they are intended. Rutledge v. Railroad, 110 Mo. 312; Morrison v. Fibre Co., 70 N, H. 406; Durgin v. Munson, 9 Allen, 396, 25 Am.' Dec. 770; Kern v. DeCastro, etc.
Read the full summary
Appeal from St. Louis City Circuit Court. — Hon. Matthew G. Reynolds, Judge. (1) A master’s duty to use ordinary care to provide suitable appliances and a safe place to work is limited to so furnishing them for the performance of the functions for which they are intended. Rutledge v. Railroad, 110 Mo. 312; Morrison v. Fibre Co., 70 N, H. 406; Durgin v. Munson, 9 Allen, 396, 25 Am.' Dec. 770; Kern v. DeCastro, etc. Co., 125 N. Y. 50; York v. Railroad, 117 Mo; 405. Applying this principle the master is relieved where the use made of the appliance or place was different from that intended: (a)…
1Opinion of the CourtFaris, J.
The plaintiff, a minor, through his curator, filed this action in the circuit court of the city of St. Louis, for personal injuries. The court, at the close of plaintiff’s evidence, sustained a demurrer thereto; whereupon plaintiff entered an involuntary nonsuit, which nonsuit was, upon the motion of plaintiff, subsequently made, set aside and a new trial granted as to all the defendants except Baker & Knell. Said Baker & Knell were original defendants, made such on the theory that they were joint tortfeasors, arising *352from their being, as architects, in charge of the repair work hereinafter…
2Cases cited47 opinions
- Western & Atlantic Railroad v. YoungSupreme Court of Georgia · 1888
- Curtis v. McNairSupreme Court of Missouri · 1903
- Smith v. Peninsular Car WorksMichigan Supreme Court · 1886
- Gorham v. GrossMassachusetts Supreme Judicial Court · 1878
- Ryan v. . FowlerNew York Court of Appeals · 1862
42 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Graham v. RolandsonMontana Supreme Court · 1967
- Mallory v. Louisiana Pure Ice & Supply Co.Supreme Court of Missouri · 1928
- Stein v. Battenfield Oil & Grease Co.Supreme Court of Missouri · 1931
- Wilson v. WhiteMissouri Court of Appeals · 1954
- Carter v. Boys' Club of Greater Kansas CityMissouri Court of Appeals · 1977
27 more not listed; retrieve them via the Exa API.