Trainer v. Sphalerite Mining Co.
Supreme Court of Missouri
Appeal from Lawrence Circuit Court. — Hew. F. G. Johnston, Judge. (1) The court erred in admitting incompetent and illegal evidence offered by the defendant. Mr. Waterman, defendant’s manager and superintendent testified, he was mining engineer; belonged to the “Association of American Engineers;” had been since 1896 engaged in practical mining; had loaded shots and put them off.
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Appeal from Lawrence Circuit Court. — Hew. F. G. Johnston, Judge. (1) The court erred in admitting incompetent and illegal evidence offered by the defendant. Mr. Waterman, defendant’s manager and superintendent testified, he was mining engineer; belonged to the “Association of American Engineers;” had been since 1896 engaged in practical mining; had loaded shots and put them off. He was then asked the following question by the counsel for the defendant: “Would it be consistent with due care or reasonable care on the part of a miner in loading drill holes, in your experience as a miner, for…
1Opinion of the CourtLamm, J.
This is a suit for damages for personal injuries. On August 12, 1907, plaintiff, a drill-man employed in defendant’s zinc mine near Aurora, was hurt by a premature explosion under ground on a seventy-foot level while loading a drill-hole with a shot. Presently, he sued in the Lawrence Circuit Court, counting on negligence. The jury finding against him and judgment following, he appeals.
Contentions made here in briefs search the pleadings and facts.
The pleadings. Charging he was a drill-man running a drilling’’machine in defendant’s mine and loading and firing shots in drill-holes, plaintiff…
2Cited by15 opinions
- Lappin v. PrebeSupreme Court of Missouri · 1939
- Fritz v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1912
- Wright v. Quattrochi.Supreme Court of Missouri · 1932
- Waldmann v. Skrainka Construction Co.Supreme Court of Missouri · 1921
- Shelton v. Wolf Cheese Co.Supreme Court of Missouri · 1936
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