Bennett v. Crystal Carbonate Lime Co.
Missouri Court of Appeals
Appeal from Lincoln Circuit Court. — Hon. James D. Barnett, Judge. (1) The court erred in overruling the demurrer to the evidence, because: (a) No negligence on the part of defendant was shown; (b) The injury to plaintiff happened by reason of risks assumed by plaintiff in his contract of employment. Clark v. Liston, 54 111. App. 578; Mining Co. y. Parrish, 74 111. App. 559; Allen v. Logan City, 10 Utah 279; Griffin v. Railroad, 124 Ind. 326; Swanson y.
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Appeal from Lincoln Circuit Court. — Hon. James D. Barnett, Judge. (1) The court erred in overruling the demurrer to the evidence, because: (a) No negligence on the part of defendant was shown; (b) The injury to plaintiff happened by reason of risks assumed by plaintiff in his contract of employment. Clark v. Liston, 54 111. App. 578; Mining Co. y. Parrish, 74 111. App. 559; Allen v. Logan City, 10 Utah 279; Griffin v. Railroad, 124 Ind. 326; Swanson y. Lafayette, 134 Ind. 625; Swanson v. Railroad, 68 Minn. 184; Railroad v. Spill-man, 34 S. W. 298; Armour v. Hahn, 111 U. S. 313; Ziegenmeyer…
1Opinion of the CourtNortoni, J.
This is a suit for damages accrued to plaintiff on account of personal injuries received through the alleged negligence of the defendant. The plaintiff recovered and defendant appeals.
While in defendant’s employ and engaged as a laborer in its stone quarry, plaintiff was seriously injured as a result of a large stone rolling upon his limb. It appears that while he was engaged under the immediate direction of his foreman, in' prying a particular stone out of a large mass, another stone, which had theretofore been held in position by the one which plaintiff sought to remove, was thereby…
2Cases cited20 opinions
- Armour v. HahnSupreme Court of the United States · 1884
- Huhn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Curtis v. McNairSupreme Court of Missouri · 1903
- Bradley v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Missouri · 1897
- Keegan v. KavanaughSupreme Court of Missouri · 1876
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3Cited by12 opinions
- James Stewart & Co. v. NewbyCourt of Appeals for the Fourth Circuit · 1920
- Radtke v. St. Louis Basket & Box Co.Supreme Court of Missouri · 1910
- Chisenall v. ThompsonSupreme Court of Missouri · 1952
- McTurman v. BellMissouri Court of Appeals · 1965
- Rauch v. McDonnell Aircraft Corp.Missouri Court of Appeals · 1957
7 more not listed; retrieve them via the Exa API.