Legal Opinion

Collett v. Kuhlman

Supreme Court of Missouri

Decided June 1, 1912PublishedCited by 5 opinions

Appeal from Moniteau Circuit Court. — Hon. W. H. Martin, Judge. (1) By an examination of the evidence it will he observed that plaintiff fell far short of making- a case under the statute requiring the guarding of machinery or posting notices of danger.

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Appeal from Moniteau Circuit Court. — Hon. W. H. Martin, Judge. (1) By an examination of the evidence it will he observed that plaintiff fell far short of making- a case under the statute requiring the guarding of machinery or posting notices of danger. Furthermore the question as to whether the machinery on account of its location, and on account of its not being guarded was dangerous or could he guarded was submitted to the jury and that fact was passed on by them and is binding, and again new trial was not granted on this ground. Bear v. Heibel, 103 Mo. App. 622; Lohmeyer v. Cordage Co.,…

1Opinion of the Court

ROY, 0.

Plaintiff sued under the statute for the death of her husband, which occurred while he was working in defendant’s mill in California, Moniteau county, on May 7, 1906.

The defendants had a verdict and have appealed from the order granting a new trial.

The mill was run by steam. Adjoining the engine room was the basement. A shaft conveyed the power from the engine and extended about thirty-five feet into the basement. A belt six inches wide ran from a pulley thirty-eight inches in diameter* and ten inches wide on this shaft, at an angle of about forty-five degrees through the floor to the…

2Cases cited5 opinions

  1. Hudson v. Wabash Western Railway Co.Supreme Court of Missouri · 1890
  2. Haven v. Missouri RailroadSupreme Court of Missouri · 1900
  3. Schlereth v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1888
  4. Milburn v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1885
  5. McCormick v. City of MonroeMissouri Court of Appeals · 1895

3Cited by5 opinions

  1. Smith v. Ozark Water Mills Co.Missouri Court of Appeals · 1922
  2. Taylor v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1914
  3. White v. United Railways Co.Supreme Court of Missouri · 1913
  4. Boesel v. Wells Fargo & Co.Supreme Court of Missouri · 1914
  5. Williams v. United States Incandescent Lamp Co.Missouri Court of Appeals · 1913

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