Reber v. Tower
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Wickham, J. The master may rely 'upon the judgment of the servant as to the safety of machinery where it is within the range of the servant’s peculiar skill. — Georgia R. Co. v. Kenney, 58 Ga. 485; Nolan v. Shickle, 69 Mo. 336; Hulett v. Railroad Co., 67 Mo. 239. The defendant had no notice of defects and was not negligently ignorant of them. —2 Thomp. on Neg. 1053, sect. 48. It-appears that the plaintiff was grossly negligent. — 2…
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Appeal from the St. Louis Circuit Court, Wickham, J. The master may rely 'upon the judgment of the servant as to the safety of machinery where it is within the range of the servant’s peculiar skill. — Georgia R. Co. v. Kenney, 58 Ga. 485; Nolan v. Shickle, 69 Mo. 336; Hulett v. Railroad Co., 67 Mo. 239. The defendant had no notice of defects and was not negligently ignorant of them. —2 Thomp. on Neg. 1053, sect. 48. It-appears that the plaintiff was grossly negligent. — 2 Thomp. on Neg. 1016 (citing 5 Ohio St. 541, 564.) In this case, the risks incurred by plaintiff in the services rendered…
1Opinion of the CourtThompson, J.
This is an action by a servant to recover damages from his master for an injury alleged to have resulted from the negligence of the latter. On December 15, 1879, the defendant was proprietor of an establishment in St. Louis in which was carried on the manufacture of candles, soap, and oil. In carrying on this business he had in his works a tank, in which, as we understand the testimony, the render*201ing of the tallow or grease was effected by means of steam. This tank was made of copper and was sunk in a well, some thirty feet deep. Surrounding this tank of copper, with a space between, was…
2Cases cited16 opinions
- Gibson v. Pacific RailroadSupreme Court of Missouri · 1870
- Porter v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1879
- Malone v. . HathawayNew York Court of Appeals · 1876
- Stoddard v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1877
- Brothers v. CartterSupreme Court of Missouri · 1873
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3Cited by2 opinions
- L. R., M. R. & T. Ry. Co. v. LeverettSupreme Court of Arkansas · 1886
- Chaney v. Phœnix InsuranceMissouri Court of Appeals · 1895