Caudle v. Kirkbride
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Now. Hugh Dabbs,. Judge. (1) It was properly tbe duty of tbe workmen to watcb tbe bars, and note tbe effect of use upon them, and when one needed fixing to send it out for that purpose. Tbe master was not bound to stand by and constantly observe tbe effect of use upon these wooden plugs. 2 Labatt, Master and Servant (1 Ed.), sec. 621, p. 1816j Herbert y. Ferry Co., 107 Mo. App. 287; Jackson v. Mining Co., 106 Mo.
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Appeal from Jasper Circuit Court. — Now. Hugh Dabbs,. Judge. (1) It was properly tbe duty of tbe workmen to watcb tbe bars, and note tbe effect of use upon them, and when one needed fixing to send it out for that purpose. Tbe master was not bound to stand by and constantly observe tbe effect of use upon these wooden plugs. 2 Labatt, Master and Servant (1 Ed.), sec. 621, p. 1816j Herbert y. Ferry Co., 107 Mo. App. 287; Jackson v. Mining Co., 106 Mo. App. 448; Bowen v. Railroad, 95 Mo. 277; Zellars v. Water & Light Co., 92 Mo. App. 126, 127; Judson v. Village, 116 N. Y. 655, 22 N. E. 555;…
1Opinion of the CourtEllison, J.
The plaintiff was injured by the explosion of powder used in blasting in a mine. He charges that the defendant, as master, furnished him an unsafe appliance for tamping the powder in the hole preparatory to a blast. He recovered judgment in the circuit court.
The evidence shows that plaintiff and one Whittaker were fellow-servants working at night in defendant’s mine. That a hole had been drilled and they were engaged in .what was called “squib” blasting at the bottom of the hole; the object being to make a “pocket” or larger space at the bottom so that it would receive a sufficient charge of…
2Cases cited2 opinions
- Warner v. St. Louis & Meramec River RailroadSupreme Court of Missouri · 1903
- Livengood v. Joplin-Galena Consolidated Lead & Zinc Co.Supreme Court of Missouri · 1904
3Cited by5 opinions
- Emmons v. Texas & P. Ry. Co.Court of Appeals of Texas · 1941
- Millirons v. Missouri & Kansas Interurban Railway Co.Missouri Court of Appeals · 1914
- Winkle v. George B. Peck Dry Goods Co.Missouri Court of Appeals · 1908
- Pippin v. Will F. Plummer Construction Co.Missouri Court of Appeals · 1915
- Thornberry v. Old Judge Mining Co.Missouri Court of Appeals · 1907