O'Donnell v. Patton
Supreme Court of Missouri
Appeal from Hannibal Cowl of, Common Pleas. — Hon. Thomas H. Bacon, Judge. (1) Instruction number 3 of defendant’s series assumes that plaintiff did not exercise ordinary care, and is therefore erroneous.
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Appeal from Hannibal Cowl of, Common Pleas. — Hon. Thomas H. Bacon, Judge. (1) Instruction number 3 of defendant’s series assumes that plaintiff did not exercise ordinary care, and is therefore erroneous. (2) Defendant’s instruction number 5, is erroneous in authorizing a verdict against plaintiff, if the plaintiff merely knew of the condition of the pile of shavings, without reference to the question whether plaintiff subsequently exercised due care or not; and asimilar vice characterizes defendant’s instructions numbers 6 and 7 and 8, which is not removed by the fact that plaintiff’s…
1Opinion of the CourtMacfarlane, J.
— The suit is for damages for personal injuries sustained by plaintiff by reason of a pile of saw-dust and shavings falling upon him.
The petition charged that defendant owned and operated in the city of Hannibal a steam saw and planing mill, the saw-dust and shavings of which were negligently allowed to accumulate on his premises and under his care, control and management about “forty feet high, with a precipitous face and partially undermined and top-heavy from the accumulation of ice in the upper portion of said pile, and thereby dangerous to persons being near it; that on said eighth day…
2Cases cited11 opinions
- Buesching v. St. Louis Gaslight Co.Supreme Court of Missouri · 1880
- Carleton v. Franconia Iron & Steel Co.Massachusetts Supreme Judicial Court · 1868
- Parsons v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- State ex rel. Attorney General v. MeadSupreme Court of Missouri · 1879
- Blair v. Chicago & Alton RailroadSupreme Court of Missouri · 1886
6 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Main v. LehmanSupreme Court of Missouri · 1922
- Bender v. WeberSupreme Court of Missouri · 1913
- Cannon v. S. S. Kresge Co.Missouri Court of Appeals · 1938
- Shaw v. GoldmanMissouri Court of Appeals · 1906
- City of Anadarko v. Swain Et Ux.Supreme Court of Oklahoma · 1914
8 more not listed; retrieve them via the Exa API.