Shortel v. City of St. Joseph
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — Hon. O. M. Spencer, Judge. (1) The city engineer was defendant’s vice-principal and plaintiff was entitled to recover. Gormly v. Iron Works, 61 Mo. 492; Whalen v. Church, 62 Mo. 326 ; Cook v. Railroad, 63 Mo. 397; Stephens n.
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Appeal from Buchanan Circuit Court. — Hon. O. M. Spencer, Judge. (1) The city engineer was defendant’s vice-principal and plaintiff was entitled to recover. Gormly v. Iron Works, 61 Mo. 492; Whalen v. Church, 62 Mo. 326 ; Cook v. Railroad, 63 Mo. 397; Stephens n. Railroad, 86 Mo. 229. (2) The servant is not chargeable with contributory negligence if he go into a place of danger under the direction of the master, especially when he has the assurance of the master that it is safe for him to do so. Keegan v. Kavanaugh, 62 Mo. 232 ; Klynn v. Railroad, 78 Mo. 205; Stephens v. Railroad, 96 Mo. 212.…
1Opinion of the CourtBlack, J.
— The plaintiff brought this suit to recover damages for personal injuries received while engaged in repairing a sewer. The work was done by the city engineer, who procured the material, employed the men, and superintended the work by authority of a city ordinance.
The petition alleges that after a section of the sewer had been arched over the engineer directed plaintiff and one Murray to go under the arch and remove the supports ; that the engineer assured the plaintiff and Murray that it -was safe to do so ; that, relying upon the assurance, they proceeded to carry out the order, and while…
2Cases cited1 opinion
- Keegan v. KavanaughSupreme Court of Missouri · 1876
3Cited by41 opinions
- In re Estate of SoulardSupreme Court of Missouri · 1897
- Bradley v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Missouri · 1897
- Borgess Investment Co. v. VetteSupreme Court of Missouri · 1898
- Bush v. West Yellow Pine Co.Court of Appeals of Georgia · 1907
- Wojtylak v. Kansas & Texas Coal Co.Supreme Court of Missouri · 1905
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