Austin v. Bluff City Shoe Co.
Missouri Court of Appeals
Appeal from Marion Circuit Court.—Hon, William I. Ragland, Judge. (1) The petition in this case is in two counts. The first count is based upon'the statute for failure to properly guard and alleges that it was the duty of plaintiff to put a belt on, and while in the discharge of such duty he was injured.
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Appeal from Marion Circuit Court.—Hon, William I. Ragland, Judge. (1) The petition in this case is in two counts. The first count is based upon'the statute for failure to properly guard and alleges that it was the duty of plaintiff to put a belt on, and while in the discharge of such duty he was injured. In the second count, plaintiff alleges that the defendant, in violation of its duty, failed to have a competent machinist or person to replace the belt on the pulley when it was necessary. These two counts are inconsistent and contradictory, and hence the court committed error in overruling…
1Opinion of the CourtReynolds, P. J.
(after stating the facts).— Counsel for respondent have presented a very elaborate brief and argument attacking the original abstract as defective in arrangement in that it does not distinguish matters of record proper from matters of error and exception, and for the omission of evidence counsel claim to be material. As to these and other complaints of the original abstract, we have concluded to disregard them. Appellant has filed an amended abstract which is sufficient for all practical purposes. It was filed without formal leave had," but before the cause was argued and we have concluded to…
2Cases cited21 opinions
- Narramore v. Cleveland, C., C. & St. L. Ry. Co.Court of Appeals for the Sixth Circuit · 1899
- Knisley v. . PrattNew York Court of Appeals · 1896
- Lohmeyer v. St. Louis Cordage Co.Supreme Court of Missouri · 1908
- St. Louis Cordage Co. v. MillerCourt of Appeals for the Eighth Circuit · 1903
- Lore v. American Manufacturing Co.Supreme Court of Missouri · 1901
16 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Simon v. St. Louis Brass Manufacturing Co.Supreme Court of Missouri · 1923
- Northern Central Coal Co. v. HughesCourt of Appeals for the Eighth Circuit · 1915
- Phillips v. Hamilton Brown Shoe Co.Missouri Court of Appeals · 1914
- Bergerson v. General Insurance Co. of AmericaMissouri Court of Appeals · 1937
- McConnon Company v. KuhlmannMissouri Court of Appeals · 1926
15 more not listed; retrieve them via the Exa API.