Fleeman v. Bemis Bros. Bag Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Ho#. Thomas J. Seehorn, Judge. ' (1) The court erred in overruling defendant’s demurrer to the evidence, (a) For the reason that plaintiff was not in the exercise of ordinary care for Ms own safety at the time he was injured, (b) For the reason that plaintiff and Frank McPheeters, who set up the hale by the fall of which plaintiff was injured, were fellow-servants in the matter of setting up the hales, (c) For the reason that no general…
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Appeal from Jackson Circuit Court. — Ho#. Thomas J. Seehorn, Judge. ' (1) The court erred in overruling defendant’s demurrer to the evidence, (a) For the reason that plaintiff was not in the exercise of ordinary care for Ms own safety at the time he was injured, (b) For the reason that plaintiff and Frank McPheeters, who set up the hale by the fall of which plaintiff was injured, were fellow-servants in the matter of setting up the hales, (c) For the reason that no general custom within the meaning of the law, was shown or proven, as alleged in the petition in the matter of blocking the…
1Opinion of the CourtBroaddus, P. J.
This is a suit to recover damages for an injury plaintiff suffered while in the employ of defendant. The' defendant is a corporation *598engaged in the manufacture and sale of burlap- and other cloths. The injury was inflicted on the 27th day of October, 1908, while the plaintiff was working in the basement of defendant’s building.
The plaintiff’s evidence was to the effect that there had been placecl against the walls of the building in a row about one dozen bales of burlap. These bales were 34 inches thick, 36 inches wide and 5 feet in length, and weighing about 1600 pounds, and were rounded at…
2Cases cited4 opinions
- Rigsby v. Oil Well Supply Co.Missouri Court of Appeals · 1905
- Stephens v. Deatherage Lumber Co.Missouri Court of Appeals · 1905
- Dickinson v. JenkinsMissouri Court of Appeals · 1910
- Courter v. TootleMissouri Court of Appeals · 1909
3Cited by3 opinions
- Cody v. LuskMissouri Court of Appeals · 1914
- Gunning v. J. R. Kelley Cooperage Co.Missouri Court of Appeals · 1914
- Scoffin v. Abernathy Furniture Co.Missouri Court of Appeals · 1914