Doyle v. Missouri, Kansas & Texas Trust Co.
Supreme Court of Missouri
Appeal from Jaclcson Circuit Court. — Hon. John W. Henky, Judge. (1) There was no evidence to take the case to the jury. No negligence was proven against the defendant. The appliance in question was one which the plaintiff could have used with entire safety, had he hut looked where he was going. There is not a scintilla of evidence in the record that it was not safe.
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Appeal from Jaclcson Circuit Court. — Hon. John W. Henky, Judge. (1) There was no evidence to take the case to the jury. No negligence was proven against the defendant. The appliance in question was one which the plaintiff could have used with entire safety, had he hut looked where he was going. There is not a scintilla of evidence in the record that it was not safe. But if it was negligent to use the scaffolding complained of by the plaintiff, he assented to its use by going to work upon it. The defects were obvious and he was bound to see them and take care against them. When these facts…
1Opinion of the CourtBurgess, J.
This is an action for damages for personal injuries sustained by plaintiff, the result of a fall received by him while in the service of defendant as a laborer, in consequence of the alleged defective construction of a scaffold or runway over which he had to pass when in and about his work. He recovered a verdict for $5,000, for which sum judgment was rendered. Defendant appeals.
The petition charges negligence on the part of defendant in failing to properly nail or secure the planks or the boards of the runway; in having planks or boards thereon which were too short and too narrow for the…
2Cases cited21 opinions
- Huhn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Stephens v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1888
- Rooney v. Sewall & Day Cordage Co.Massachusetts Supreme Judicial Court · 1894
- Cook v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1885
- Naylor v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1881
16 more not listed; retrieve them via the Exa API.
3Cited by50 opinions
- Hall v. FrenchSupreme Court of Missouri · 1901
- Duerst v. St. Louis Stamping Co.Supreme Court of Missouri · 1901
- Knauf v. Dover Lumber Co.Idaho Supreme Court · 1911
- Rigsby v. Oil Well Supply Co.Missouri Court of Appeals · 1905
- State ex rel. Hospes v. BranchSupreme Court of Missouri · 1899
45 more not listed; retrieve them via the Exa API.