Hughes v. D. E. Marshall Contracting & Manufacturing Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court.—Hon. Frank G. Johnson, Judge. The court below sustained defendant’s motion for a new trial on the sole and only ground that be should have sustained its motion for an instruction in the nature of a demurrer at the close of plaintiff’s evidence and at the close of all the evidence, and this plaintiff claims was error and as the court below gave that as his only reason therefor, we discuss it from that viewpoint only.
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Appeal from Jackson Circuit Court.—Hon. Frank G. Johnson, Judge. The court below sustained defendant’s motion for a new trial on the sole and only ground that be should have sustained its motion for an instruction in the nature of a demurrer at the close of plaintiff’s evidence and at the close of all the evidence, and this plaintiff claims was error and as the court below gave that as his only reason therefor, we discuss it from that viewpoint only. Simpson v. Iron Works, 249 Mo. 376; Millsap v. Beggs, 122 Mo. App. 1; Wilson v. Board of Education, 63 Mo. 137; Buckley v. Kansas City, 95 Mo.…
1Opinion of the CourtJohnson, J.
This is an action for personal injuries plaintiff received while operating a woodcutting machine in defendant’s carpenter shop in Kansas City. His right hand was cut and permanently injured by a rapidly revolving circular saw which was a part of the machine and he alleges that negligence *552of defendant, Ms employer, in not properly enclosing the saw and in allowing other parts of the machine to become defective and dangerous was the proximate cause of his injury. The answer is a general denial and pleas of assumed risk and contributory negligence. A verdict was returned for plaintiff but the…
2Cases cited5 opinions
- Lore v. American Manufacturing Co.Supreme Court of Missouri · 1901
- Huss v. Heydt Bakery Co.Supreme Court of Missouri · 1908
- Simpson v. Witte Iron Works Co.Supreme Court of Missouri · 1913
- Vonkey v. City of St. LouisSupreme Court of Missouri · 1909
- Millsap v. BeggsMissouri Court of Appeals · 1906
3Cited by6 opinions
- Cech v. Mallinckrodt Chemical Co.Supreme Court of Missouri · 1929
- Unrein v. Oklahoma Hide Co.Supreme Court of Missouri · 1922
- Mabe Ex Rel. Mabe v. Gille Manufacturing Co.Missouri Court of Appeals · 1925
- Albrecht v. Shultz Belting Co.Supreme Court of Missouri · 1923
- Tatum v. Crescent Laundry Co.Missouri Court of Appeals · 1919
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