Hach v. St. Louis, Iron Mountain & Southern Railroad
Missouri Court of Appeals
Appeal from Butler Circuit Court. — No». Jamies L. Forty Judge. Instruction No. 13, requested by the defendant, ought to have been given. The employer is not an insurer of the sufficiency, nor of the absolute safety of the applicances furnished by him. He is required only to use ordinary and reasonable care and foresight in procuring such appliances and keeping them in repair, to the end that the same shall be safe. Flynn v. Union Bridge Co., 42 Mo.
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Appeal from Butler Circuit Court. — No». Jamies L. Forty Judge. Instruction No. 13, requested by the defendant, ought to have been given. The employer is not an insurer of the sufficiency, nor of the absolute safety of the applicances furnished by him. He is required only to use ordinary and reasonable care and foresight in procuring such appliances and keeping them in repair, to the end that the same shall be safe. Flynn v. Union Bridge Co., 42 Mo. App. 529; Wojtylak v. Coal Co., 188 Mo. 260, 87 S. W. 506; Purcell v. Tennent Shoe Co., 187 Mo. 285, 86 S. W. 121; Minnier v. Railroad, 167 Mo.…
1Opinion of the CourtGoode, J.
Plaintiff’s husband, a locomotive engineer, was killed on February 25, 1904, while in the employ of defendant company. His engine was derailed and toppled over, carrying him under it and crushing him so that he died. The great weight of the evidence goes to show the accident was caused by the breaking of one of the north rails of the railroad track and that the rail broke because a rotten tie gave way under the weight of the locomotive. This tie was immediately beneath a *13joint where the ends of two' rails came together. As the locomotive ran over the joint, the decayed tie broke, and in…
2Cases cited8 opinions
- Bowen v. Chicago, Burlington & Kansas City Railway Co.Supreme Court of Missouri · 1888
- Lewis v. St. Louis & Iron Mountain RailroadSupreme Court of Missouri · 1875
- Gibson v. Pacific RailroadSupreme Court of Missouri · 1870
- Dayharsh v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1890
- Williams v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1893
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3Cited by3 opinions
- Clonts v. Laclede Gas Light Co.Missouri Court of Appeals · 1910
- Haas v. American Car & Foundry Co.Missouri Court of Appeals · 1913
- Spaulding v. Missouri Lumber & Mining Co.Missouri Court of Appeals · 1914