McDonald v. Central Illinois Construction Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Eon. James E. Withrow, Judge. (1) The court erred in overruling the demurrers to the evidence. Plaintiff was ordered to shore the ditch and it is an absurdity to say that the master should have shored so that the plaintiff could do the work of shoring. Henson v. Pack. Co., 113 Mo. App. 621; Miller v. "Walsh, 145 Mo.
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Appeal from St. Louis City Circuit Court. — Eon. James E. Withrow, Judge. (1) The court erred in overruling the demurrers to the evidence. Plaintiff was ordered to shore the ditch and it is an absurdity to say that the master should have shored so that the plaintiff could do the work of shoring. Henson v. Pack. Co., 113 Mo. App. 621; Miller v. "Walsh, 145 Mo. App. 135; Bátty v. Power Co., 79 N. T. App. 47; Coal Co. v. Bruzas, 223 111. 601. Where a servant does not say anything to the master about a situation he thinks dangerous, he cannot recover for injuries therefrom. Warming-ton v.…
1Opinion of the Court
HENRY S. CAULFIELD, Special Judge.
Suit for damages for personal injuries resulting to' plaintiff in consequence of an earth embankment caving in upon him while he was working in a trench at the base. He recovered judgment for $4200 against the defendants, Central Illinois Construction Company and St. Louis Electric Bridge Company, and both of them have appealed. This is the second time the case has been here on appeal. [See 183 Mo. App. 415, 166 S. W. 1087.] The suit proceeds as for the breach of the •obligation of the defendants, as plaintiff’s employers, to exercise reasonable care to…
2Cases cited9 opinions
- Wendler v. People's House Furnishing Co.Supreme Court of Missouri · 1901
- Corby v. Missouri & Kansas Telephone Co.Supreme Court of Missouri · 1910
- Henson v. Armour Packing Co.Missouri Court of Appeals · 1905
- Fogus v. Chicago & Alton RailroadMissouri Court of Appeals · 1892
- Bloomfield v. Worster Construction Co.Missouri Court of Appeals · 1906
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3Cited by1 opinion
- Hoffman v. Peerless White Lime Co.Supreme Court of Missouri · 1927