Rowden v. Schoenherr-Walton Mining Co.
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Eon. Eugh Dabbs, Judge. (1) The demurrer to the evidence of plaintiff should have been sustained. (2) The plaintiff assumed the risks, he knew and appreciated the dangers, he was an experienced miner, the dangers arose from and were incident to, the ordinary conduct of the business.
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Appeal from Jasper Circuit Court. — Eon. Eugh Dabbs, Judge. (1) The demurrer to the evidence of plaintiff should have been sustained. (2) The plaintiff assumed the risks, he knew and appreciated the dangers, he was an experienced miner, the dangers arose from and were incident to, the ordinary conduct of the business. Wire Works v. Morgan, 95 S. W. 531; Wilson v. Railroad (Mich.), 108 N. W. 1021; Jennings v. Railroad (Wash.), 34 Pac. 937; Knight v. Donnelly, 110 S. W. 687; Sailer v. Shoe Co., 109 S. W. 794. (3) When a person, knowing the manner in which a business is conducted, and the…
1Opinion of the CourtJohnson, J.
Plaintiff sued for personal damages caused by the negligence of defendant, his employer. The answer is a general denial, pleas of contributory negligence and assumed risk. The trial resulted in a verdict and judgment for plaintiff in the sum of $1,000. Defendant appealed.
The principal contention of defendant is that the court erred in not peremptorily instructing the jury to return a verdict for defendant. At the time of the injury, February, 1908, defendant was engaged in. the operation of a lead and zinc mine in Jasper county and *380employed plaintiff to drill holes for blasting. A machine was…
2Cases cited2 opinions
- Henson v. Armour Packing Co.Missouri Court of Appeals · 1905
- Gibson v. Midland Bridge Co.Missouri Court of Appeals · 1905
3Cited by13 opinions
- Maloney v. Winston Bros.Idaho Supreme Court · 1910
- Goucan v. Atlas Portland Cement Co.Supreme Court of Missouri · 1927
- Lone Star Lignite Mining Co. v. CaddellCourt of Appeals of Texas · 1911
- Danula v. Quincy Mining Co.Michigan Supreme Court · 1911
- Bible v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1913
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