Hughlett v. Ozark Lumber Co.
Missouri Court of Appeals
Appeal from the Howell Circuit Court. — Hon. W. N. Evans, Judge. Defendant’s demurrer to the evidence, given on the part of the plaintiff, should have been sustained: There was no evidence of negligence on the part of defendant, or its foreman. 'Hudson v. Railroad, 101 Mo. 13; Tabor v. Railroad, 93 Mo. 798; Railroad v. Kellog, 94 U. S. 469-475; Hoag v. Railroad, 85 Pa.
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Appeal from the Howell Circuit Court. — Hon. W. N. Evans, Judge. Defendant’s demurrer to the evidence, given on the part of the plaintiff, should have been sustained: There was no evidence of negligence on the part of defendant, or its foreman. 'Hudson v. Railroad, 101 Mo. 13; Tabor v. Railroad, 93 Mo. 798; Railroad v. Kellog, 94 U. S. 469-475; Hoag v. Railroad, 85 Pa. St. 293; 2 Thompson on Negligence, sec. 2, pp. 1083, 1085, note; Turnpike Co. v. Sears, 7 Conn. 86; Shearman & Redfield on Negligence, sec. 739; Phillips v. Dickenson, 85 111.; Mayne on Damages, 15; Henry v. Railroad, 50 Cal.…
1Opinion of the CourtBiggs, J.
— In 1889 the defendant corporation was operating a sawmill in Shannon county. In September of that year plaintiff was hired by the defendant to work about the mill, and on the day he received the injuries hereinafter mentioned he was, under the orders of defendant’s foreman, engaged in running a planing machine in the capacity of a ‘“feeder.” A planer, as we understand it, is a machine for dressing lumber. It is described as about three feet high, with wheels, pulleys and bands on either side. On one side are the bands and pulleys that. run the cylinder, and on the other are the bands and…
2Cases cited3 opinions
- Gurley v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Wilkins v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1890
- Wilburn v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1892
3Cited by3 opinions
- Logsdon v. DuncanSupreme Court of Missouri · 1956
- McIntyre v. TebbettsSupreme Court of Missouri · 1914
- McIntyre v. TebbettsMissouri Court of Appeals · 1909