Henderson v. Heman Construction Co.
Missouri Court of Appeals
Appeal from the Circuit Court'of the City of St. Louis. —Hon. 'Leo 8. Bassieur, Judge. (1) Section 7828, R. S. 1909, is in derogation of the common law, and, hence, should not be extended to cover either places or devices not clearly within the express terms. Simpson v. Iron Co., 249 Mo. 400; Phillips v. Shoe Co., 178 Mo. App. 196. (2) Defendant’s peremptory instruction should have been given.
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Appeal from the Circuit Court'of the City of St. Louis. —Hon. 'Leo 8. Bassieur, Judge. (1) Section 7828, R. S. 1909, is in derogation of the common law, and, hence, should not be extended to cover either places or devices not clearly within the express terms. Simpson v. Iron Co., 249 Mo. 400; Phillips v. Shoe Co., 178 Mo. App. 196. (2) Defendant’s peremptory instruction should have been given. Plaintiff’s case does not come within the statute (Sec. 7828), because the saw by which he was injured was not in a “manufacturing,” “mechanical” or other “establishment.” Chapter 67, Arts. 5 and 6, R.…
1Opinion of the CourtReynolds, P. J.
Plaintiff, then a young man about twenty years of age, attaining his majority December 24, 1914, was a student in the agricultural department of the State University located at Columbia, Missouri, specializing in the marketing of rural products. In the summer of 1914, and during the vacation of the college, he went to work with defendant, engaged in constructing a concrete viaduct at the intersection of Jefferson and Chouteau Avenues, in the city of St. Loujs, across the tracks of several railways. He was put to work assisting in. the sawing of lumber, that being done by a circular or ripsaw.…
2Cases cited3 opinions
- Westerman v. Supreme Lodge Knights of PythiasSupreme Court of Missouri · 1906
- Austin v. Bluff City Shoe Co.Missouri Court of Appeals · 1913
- Ross v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1892
3Cited by6 opinions
- Johnson v. Bear.Missouri Court of Appeals · 1931
- Stoll v. Frank Adam Electric Co.Missouri Court of Appeals · 1922
- Pavlo v. Forum Lunch Co.Missouri Court of Appeals · 1929
- Adams v. ThayerMissouri Court of Appeals · 1928
- Manker v. Standard Oil Co.Missouri Court of Appeals · 1920
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