Finuta v. American Manufacturing Co.
Missouri Court of Appeals
Appeal from St. Louis. City Circuit Court. — Mon. George M. Shields, Judge. (1) Defendant was guilty of negligence toward plaintiff in requiring plaintiff to clean the carding machine while the cylinder thereof was in motion, without warning, when it knew, or by care could have known, that he was ignorant of the operation of the machine, and not likely to discover that the cylinder was in motion and therefore likely to sustain injury to his hands.
Read the full summary
Appeal from St. Louis. City Circuit Court. — Mon. George M. Shields, Judge. (1) Defendant was guilty of negligence toward plaintiff in requiring plaintiff to clean the carding machine while the cylinder thereof was in motion, without warning, when it knew, or by care could have known, that he was ignorant of the operation of the machine, and not likely to discover that the cylinder was in motion and therefore likely to sustain injury to his hands. And this negligence was largely enhanced by the action of defendant’s foreman, who, in the presence of plaintiff, stopped the feeder, thus…
1Opinion of the CourtAllen, J.
This is an action for personal injuries received by plaintiff in the course of his employment as a servant of defendant. Plaintiff suffered a nonsuit below, and after unsuccessfully moving to set the same aside, has appealed to this court.
At the time plaintiff received his injuries, he was employed as a laborer in defendant’s factory. He had been in defendant’s employ about two months, and for some three weeks prior to receiving the injury in question, had been engaged in carrying jute, or like materials, to one of defendant’s machines, into which the same was fed by a conveyer. The jute was…
2Cases cited10 opinions
- Dean v. Kansas City, St. Louis & Chicago RailroadSupreme Court of Missouri · 1906
- Nugent v. Kauffman Milling Co.Supreme Court of Missouri · 1895
- Benton v. City of St. LouisSupreme Court of Missouri · 1913
- Smith v. Forrester-Nace Box Co.Supreme Court of Missouri · 1906
- Ward v. Ely-Walker Dry Goods Building Co.Supreme Court of Missouri · 1913
5 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Petty v. BoevingMissouri Court of Appeals · 1924