Pippin v. Will F. Plummer Construction Co.
Missouri Court of Appeals
Appeal from Green County Circuit Court. — Hon. Guy D. Kirby, Judge. (1) Negligence is not a fact which is subject to direct proof, but an inference from the facts put in evidence. Baird v. Railroad, 146 Mo. 280; Adams v. Railroad, 160 S. W. 38. (2) The court cannot make inferences of fact in favor of defendant to overthrow either presumptions of law or inferences of fact in favor of plaintiff.
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Appeal from Green County Circuit Court. — Hon. Guy D. Kirby, Judge. (1) Negligence is not a fact which is subject to direct proof, but an inference from the facts put in evidence. Baird v. Railroad, 146 Mo. 280; Adams v. Railroad, 160 S. W. 38. (2) The court cannot make inferences of fact in favor of defendant to overthrow either presumptions of law or inferences of fact in favor of plaintiff. Frick v. Railroad, 75 Mo. 601; Buesching v. Gas Light Co., 73 Mo. 230; Franke v. St. Louis, 110 Mo. 525. (3) The jury are entitled to draw, from the facts that are shown, a reasonable and natural…
1Opinion of the CourtFarrington, J.
This is an appeal by the plaintiff in a personal injury suit, after nonsuit in the trial court.
Plaintiff on January 2, 1913, was in the employ of the defendant as a digger engaged in the construction of a sewer ditch. It was his duty to dig and shovel dirt. He was injured while in the ditch by some dirt and a rock falling back into the excavation.
The petition alleged that plaintiff was so engaged and that it was defendant’s duty to furnish him a reasonably safe place in which to perform his work; that at the time of his injury he was at work in the bottom of the ditch, the top of which was…
Also in this document: Concurrence.
2Cases cited15 opinions
- Blanton v. DolbSupreme Court of Missouri · 1891
- Forbes v. DunnavantSupreme Court of Missouri · 1906
- McFern v. GardnerMissouri Court of Appeals · 1906
- Goransson v. Riter-Conley Manufacturing Co.Supreme Court of Missouri · 1905
- Kane v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1913
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3Cited by3 opinions
- Compton v. Louis Rich Construction Co.Supreme Court of Missouri · 1926
- Todd v. American Railway Express Co.Missouri Court of Appeals · 1925
- Orris v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1919