Young v. Waters-Pierce Oil Co.
Supreme Court of Missouri
Appeal from Bollinger Circuit Court. — Now. Jas. D. Fox, Judge. (1) Knowing of the presence of the pipe and its danger, and beginning his employment with such knowledge, and continuing to work under such conditions, Young waived the danger and assumed the risk of. the employment. Junior v. Elec. Light Co., 127 Mo. 83; Nugent v. Milling Co., 131 Mo. 245; 2 Thom. Neg., 1008; Thompson v. Railroad, 109 Mo. 199; Roberts v. Tel.
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Appeal from Bollinger Circuit Court. — Now. Jas. D. Fox, Judge. (1) Knowing of the presence of the pipe and its danger, and beginning his employment with such knowledge, and continuing to work under such conditions, Young waived the danger and assumed the risk of. the employment. Junior v. Elec. Light Co., 127 Mo. 83; Nugent v. Milling Co., 131 Mo. 245; 2 Thom. Neg., 1008; Thompson v. Railroad, 109 Mo. 199; Roberts v. Tel. Co., 166 Mo. 379; Doyle v. Trust Co., 140 Mo. 1. It is true, as held in this State, that the mere fact that the servant has notice of the defect, and, notwithstanding,…
1Opinion of the CourtGantt, P. J.
This is an appeal from the circuit court of Bollinger county. Plaintiff, as the widow of Robert Young, recovered judgment for damages resulting to her from the death of her husband, who, it is alleged, was killed by reason of the negligence of the defendant at Bloomfield, Missouri, January 31, 1901.
The action was commenced within six months after the death of the husband. On the ninth of September, 1901, she filed an amended petition, containing three counts, which are the same save and except that the first count alleges that the death of the deceased resulted from all the injuries he…
2Cases cited7 opinions
- Geismann v. Missouri-Edison Electric Co.Supreme Court of Missouri · 1903
- Roddy v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Van Winkle v. American Steam Boiler Co.Supreme Court of New Jersey · 1890
- Hamilton v. Rich Hill Coal Mining Co.Supreme Court of Missouri · 1891
- Heizer v. Kingsland & Douglass Manufacturing Co.Supreme Court of Missouri · 1892
2 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Salmon v. Kansas CitySupreme Court of Missouri · 1912
- Casey v. Wrought Iron Bridge Co.Missouri Court of Appeals · 1905
- Lisle v. AndersonSupreme Court of Oklahoma · 1916
- Clark v. St. Louis & Suburban Railway Co.Supreme Court of Missouri · 1911
- O'Brien v. American Bridge Co.Supreme Court of Minnesota · 1910
22 more not listed; retrieve them via the Exa API.